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Archive: 17 December 2019

Posts in 17 December 2019

JVAT Act: ITC Cannot be denied for default by selling dealer: Jharkhand HC

December 17, 2019 5244 Views 0 comment Print

Tarapore & Company Vs State of Jharkhand (Jharkhand High Court) We find that the petitioner firm had acted absolutely in a bona fide manner, as is also apparent from the impugned order dated 20.11 .2017, as contained in Annexure-5 to the writ application, and had discharged its tax liability by paying the VAT amount to […]

HC orders releases of goods as petitioner already paid amount in excess of fine

December 17, 2019 504 Views 0 comment Print

Raj Chamunda Roadlines Vs State of Gujarat (Gujarat High Court) Having regard to the fact that the petitioner has already paid the amount of Rs.1,85,248/­, which is more than the amount of fine in lieu of confiscation in terms of the order of confiscation passed under section 130 of the Central Goods and Service Tax […]

Kisan Vikas Patra Scheme, 2019 – Detailed analysis

December 17, 2019 11331 Views 0 comment Print

Government has notified new Kisan Vikas Patra Scheme, 2019 w.e.f. 12th December, 2019 vide notification No. G.S.R. 920(E). This article covered topics related to  Type of accounts under Kisan Vikas Patra Scheme, 2019, Deposits under Kisan Vikas Patra Scheme, 2019 Payment on maturity under Kisan Vikas Patra Scheme, Premature closure of account, Pledging of account, […]

Replacement of machines as a whole cannot be held as revenue expense

December 17, 2019 1086 Views 0 comment Print

he total replacement cost of three machineries in question purchased by the Assessee amounting to Rs.54,59,149/- came to be allowed by the Tribunal as ‘repairs maintenance expenditure’ or ‘revenue expenditure’.

FM holds Pre-Budget Consultation with Representatives of Industry, Services and Trade Groups

December 17, 2019 393 Views 0 comment Print

Union Minister of Finance & Corporate Affairs, Smt. Nirmala Sitharaman, held third Pre-Budget Consultations with stakeholder Groups from Industry, Trade and Services Sectors in connection with the forthcoming General Budget 2020-21 here today.

DGGI Mumbai busts major IGST refund racket, arrests one

December 17, 2019 858 Views 0 comment Print

DGGI-MZU has arrested one Shri Tejas Desai on Saturday (December 14, 2019) for fraudulently availing input tax credit of Rs. 41.15 crores without any supply of goods and services and only on the strength of bogus invoices. The arrested person had claimed Rs. 38.55 crores as IGST refund against exports. 

EVM is beyond the scope of RTI Act : Delhi HC

December 17, 2019 630 Views 0 comment Print

Election Commission Of India Vs Central Information Commission (Delhi High Court) An EVM which is sought for by this RTI application is not miniature/replica and hence cannot said to be a model. It cannot be termed to be information within the meaning of Section 2(f) of the Act. It is manifest that Section 3 of the […]

Granting of discounts not amounts to passing of benefit of tax reduction

December 17, 2019 930 Views 0 comment Print

Director General of Anti-Profiteering Vs Krishna Trading Company (National Anti-Profiteering Authority) The Respondent has admitted in his submissions that he was aware of the above tax reductions and hence he should have immediately reduced his sale prices commensurate with the rate reductions. He also cannot claim that he has not reduced the prices of the […]

Annuities payable to NRI/OCI are subject to TDS: IRDAI

December 17, 2019 3834 Views 0 comment Print

Annuity payable by ASPs to NRIs and OCIs will be taxed at source, at rates applicable as per the DTAA (Double Taxation Avoidance Agreements) of the country where the annuitant resides.

ITC not admissible on original invoices issued by service provider from old GST No.

December 17, 2019 1230 Views 0 comment Print

In re Vivo Mobile India Pvt Ltd. (GST Uttar Pradesh)  i. Whether the input tax credit is admissible on the basis of original invoices issued by service provider from old GST No. 09AVKPS1666H2Z1. Ans: In view of discussions held above, input tax credit is not admissible to the applicant on the basis of original invoices […]

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