"31 January 2019" Archive

Jubilant guilty of not passing GST benefit on sale of Dominos Pizza

Sh. Kiran Chimirala & Director General Anti-Profiteering Vs. M/s. Jubilant Food Work Ltd. (National Anti-Profiteering Authority)

Sh. Kiran Chimirala & Director General Anti-Profiteering Vs. M/s. Jubilant Food Work Ltd. (National Anti-Profiteering Authority) The National Anti-Profiteering Authority (NAA) passed the order on an email complaint filed by a customer that Jubilant FoodWorks had not reduced the prices of ‘Dominos Stuffed Garlic Bread’ and ...

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Section 54B exemption cannot be denied for absence of legal title due to pending litigation

Chinnappa Anthonappa Vs ACIT (ITAT Bangalore)

The assessee had complied with conditions for grant of deduction under sections 54B inasmuch as he has utilised, within a period of two years from the date of transfer of capital asset, the capital gain in purchasing another land for being used for agricultural purposes, therefore, mere fact that assessee did not get legal title to the la...

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First Time Amendments in CGST and IGST Act, 2017

COMPREHENSIVE ANALYSIS UPDATED WITH THE AMENDMENTS IN THE RULES Vide CGST (Amendment) Act, 2018 as well as IGST (Amendment) Act, 2018; CGST Act, 2017 as well as IGST Act, 2017 have been amended respectively for the first time since the implementation of GST in our Country. Present write-up is an attempt to analyze the said […]...

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Where to show nil rated supply in GSTR-1

Suppose registered dealer A has sold goods worth Rs. 100000/- to registered dealer B. The category of goods is nil rated. Now as law, it should be shown in Table 8. If it is shown here then it is shown here as consolidated figure for the period for one month or three month as the case may be. No details regarding GST registration number...

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Nodal officer obliged to consider complaint for bona fide error in TRAN-1

Pragati Automotion (P.) Ltd. Vs Union of India (Karnataka High Court)

Pragati Automotion (P.) Ltd. Vs Union of India (Karnataka High Court) The petitioner is before this Court seeking a direction to the respondents to permit the petitioners to correct the bonafide error which has crept in while filing the GST Tran – 1 form because of which the petitioner is deprived of the transitional credit of [&hellip...

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No reduction in tax rate -Anti-profiteering provisions on supply of Black Pepper not attracted

Kerala State Screening Committee on Anti-profiteering Vs M/s S. .J. Spices Ltd (NAA)

Kerala State Screening Committee on Anti-profiteering Vs M/s. S. J Spices Ltd (NAA) It is clear from the perusal of the facts of the case that there was no reduction in the rate of tax on the Black Pepper”(HSN code 09041140) w.e.f. 01.07.2017 and hence we find that there is no contravention of the anti-profiteering […]...

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If no reduction in tax rate- Anti-profiteering law not attracted on supply of ‘Jockey Shorts’

Kerala State Screening Committee on Anti-profiteering Vs M/s Sudarsans (National Anti-Profiteering Authority)

Kerala State Screening Committee on Anti-profiteering Vs M/s. Sudarsans (National Anti-Profiteering Authority) DGAP has submitted in his report that the rate of tax on the product Brief (Jockey Brief IC125 M Black), remained same in the pre-GST and the post- GST era. Moreover, the pre-GST and post-GST base prices (excluding tax) had rema...

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Essential parts can be treated as complete goods for customs but not for Motor Vehicle Act

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court)

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court) In a case involving import of essential parts for assembling e-rickshaw, Delhi High Court has held that Rule 2(a) of Interpretative Rules, treating unfinished articles as complete. The High Court observed that legal fiction created by a statute cannot be extended [...

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Former Directors of Corporate Debtor entitled to Resolution Plans to be discussed at COC meetings:SC

Vijay Kumar Jain Vs Standard Chartered Bank & Ors. (Supreme Court of India)

The members of the suspended Board of Directors of the corporate debtor who wish to meaningfully participate in meetings held by the committee of creditors are entitled to get a copy of insolvency resolution plans from the resolution professional along with the notice of meetings. ...

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Addition for Unexplained cash credits cannot be made for doubt on source of credit

CIT Vs M/s. Sree Ganesh Trading Company (Kerala High Court)

CIT Vs M/s. Sree Ganesh Trading Company (Kerala High Court) Conclusion: AO was not justified in making addition to the income of assessee under section 68 on account of alleged unexplained credits as assessee-firm had proved identity, creditworthiness of the creditors from whom it had received credits and if AO had doubt on the source [&h...

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