"29 April 2020" Archive

No Bail due to COVID-19, if no Covid19 case in Jail & if it is safe

Rajinder Bassi and others Vs State of Punjab (Punjab and Haryana High Court)

In the present case there are allegations on the petitioner of having caused loss to State-Exchequer to the tune of Rs 20 crores appx. by evasion of payment of GST and he has applied for grant of interim bail, mainly on account of the prevalent conditions of spread of COVID-19 virus....

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Bail given in GST defaults case on complying with conditions

Lalit Kumar Gandhi Vs State of M.P. (Madhya Pradesh High Court)

Lalit Kumar Gandhi Vs State of M.P. (Madhya Pradesh High Court) This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial. The allegation against the applicant is that he had received a sum of about Rs.6,52,00,000/- from the applicant for supply of pesticides and insecticides and as […]...

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Composition Scheme under GST | Section 10 | CGST Act 2017

Composition Scheme was introduced for small taxpayers, so that they can get rid of tedious GST formalities and pay indirect tax at a fixed rate of turnover. ♦ Eligibility :- 1. It is an optional scheme available to taxable person, Taxable person can opt for the scheme if aggregate turnover is upto Rs. 1.5 crore […]...

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A brief note on Actionable Claim under GST

The term actionable claim has not been defined under GST law. It has same meaning as mentioned in section 3 of Transfer of Property Act 1882. As per section 3 of transfer of property Act 1882, “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immoveable property or […]...

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GST on Tour Operator Services

‘Tour Operator’ shall mean any person engaged in the business of planning, scheduling, organizing, arranging tours (which may include arrangements for accommodation, sightseeing or other similar services) by any mode of transport, and includes any person engaged in the business of operating tours. The definition is provided by...

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GST & Indian Economy

The growth of Indian economy & growth in collection of GST both are positively correlated to each other. Goods and Services Tax is defined as the giant indirect tax structure designed to support and enhance the economic growth of a country. GST is consumption based tax and therefore, it wholly depends on the purchasing power […...

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GST Registration – A Trigger Point

Goods and Service Tax law in India is a multi-stage, comprehensive, destination – based tax that is levied on every value addition. GST is one Indirect Tax Regime for the entire country and levied on the supply of goods and services. GST replaces many indirect tax laws that was previously prevails in India. Whereas, due to floode...

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Checklist before filling GSTR-3B for March 2020

Introduction COVID -19 Pandemic has halted the businesses around the world, and this has made the regulatory authorities to take facilitation measures for various compliance requirements. One such measure is extension of due dates for filling GSTR-1 and GSTR-3B. Notification no-31/2020 dt-03/04/2020 is issued relaxing the filling dates of...

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Books of Accounts & Records under GST Regime

Section 35 of CGST Act 2017 deals with the upkeep and maintenance of books of accounts and records by every registered person* at his principal palace of business** from where business is being pursued. Generally such place is mentioned in Certificate of registration of registered person....

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How to get stay on income tax demand under Section 220(6)

Whenever assessing officer issues assessment order u/s 143(3), 147, 271(1)(c) along with it notice of demand u/s 156 is also raised. This demand notice is usually required to be paid within 30 days of service/receipt of the same. In case assessee fails to pay the demand within the required time, he/she becomes assessee in default....

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Section 80D Tax deduction for Mediclaim Insurance & Medical expenditure

Taking medical insurance has become extremely relevant in the current days and medical expenditures for purchase of medicines for life style diseases have also started becoming a regular expenditure especially for senior citizens. Medical expenditure can cover even the  hospitalization expenses also of the senior citizen. The Income Tax ...

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Foreign exchange loss due to currency fluctuation was not a speculation but a business loss

DCIT Vs Acalmar Oils & Fats Ltd. (ITAT Ahmedabad)

Forward contracts in the nature of hedging transactions in course of normal import export activities to cover up losses on account of foreign exchange valuation difference results in business losses and not speculative one....

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Short deduction of TDS/TCS due to increased surcharge rate

Clarification issued by CBDT in relation to short deduction of TDS/TCS due to increase in rates of surcharge by Finance (No.2) Act, 2019 By way of this writing, I would like to discuss the recent clarification issued by CBDT dated 13th April, 2020 in relation to the deduction/collection of TDS/TCS under various provisions of the […...

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Critical Analysis of Section 271AAD- Penalty for Fake Transactions – Part Two

The Authors in part one of the Article dealt with Historical Background and scope of Section 271AAD along with certain interesting issues. In this Article, the Authors would be addressing the other relevant issues in continuation to Part one....

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How Pension Income is Reported When Filing ITR?

The income tax return (ITR) forms issued by the Government for the financial year (FY) 2018-2019 require accurate reporting. For example, compared to previous years, where only aggregate amounts under allowances and perquisites had to be published, descriptions of various allowances as well as perquisites received during the FY are requir...

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Why Section 47A of Income Tax Act, 1961 introduced?

Rationale behind introduction of Section 47A of Income Tax Act, 1961 Lacuna in the law that have been plugged by introduction of Section 47A & amendment of Section 47 of the act in order to nullify the following tax planning ,– 1) Before section 47A , there was a standard law that if a holding […]...

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TCS on sale of goods – Analysis on section 206C(1H)

Section 206C(1H) – TCS on sales of goods – Introduced by Finance Act 2020 Background (Erstwhile provisions) Tax collected at source (TCS) is the tax payable by a seller which he collects from the buyer at the time of sale. Section 206C of the Income-tax act governs the goods on which the seller has to […]...

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Did you miss the deadline for filing your tax returns and investing in tax saving instruments for FY20? Don’t worry you can still do it!

In wake of the Covid-19 pandemic, the Indian Government gave a much-needed breather to the taxpayers by extending the March 31st deadline for paying income taxes till June 30th. People are worried and perplexed as to what this extension means and what to do about it. There’s nothing to worry and hopefully this blog will […]...

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Income Tax Appeal Filing Procedure in Brief

This article has been is to focus on the provision and procedures relating to Filing the Appeals. One Law Dictionary defines ‘appeal’ as a proceeding taken to rectify an erroneous decision of a court by submitting the question to a higher court, or court of appeal. Right to appeal under income tax law is a creation of statute and not ...

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How to close Short TDS Payment Defaults using Online Correction facility?

As you may be aware that at the time of filing TDS statements, it is mandatory to quote the challan particulars through which TDS payments have been made. The TDS forms prescribe quoting of such challans and the underlying deductee transactions corresponding to such challans. ...

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Condonation of Delay – Requirements of a valid AFFIDAVIT in support of delay condonation application

In the case of Kunal Surana vs. ITO (ITAT Mumbai) an appeal for condonation of delay was rejected . Reason:- The affidavit in support of delay condonation was very badly drafted. (Read the bottom part of this compilation for explanation of the reasons. Only affidavit part of the order is discussed in this article. )...

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TDS on legal service received from outside India

Legal fees is deemed to accrue or arise in India, whether or not non-resident has place of business in india or has rendered services in India. ...

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Disability based deductions under Section 80DD & Section 80U

Article explains Deduction under Section 80DD: Expenses for Dependent Relative or Provision for the Same (Depends On Expenses Incurred / Contribution Made) and under Section 80U: For Disability of the Assessee Herself or Himself (Does Not Depend On Expenses Incurred/ Contribution Made). 1. Section 80DD: Expenses for Dependent Relative or ...

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Management vs Corporate Governance

CS Dr Vedula Gopinath, Advocate/Arbitrator Few people assume that management and corporate governance are synonymous but, both are distinctive and different wings of corporate body. In this article writer wishes to differentiate both the wings. In short, management is not merely the task of managing the business, it is an essential accomp...

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Relaxation for period/days of names reserved & resubmission of forms

Due to the COVID-19 pandemic many government departments have provided multiple relaxation in dates of filing documents or information in order to provide ease to the business operator who are facing difficulty in this lockdown situation. The Ministry of Corporate Affairs also watching difficulty of the business have provided relaxation i...

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Nidhi Company with Amended Nidhi Rules

NIDHI COMPANY Nidhi Company under Companies Act 2013 is governed under section 406 of the Companies Act 2013. The first Rules for Nidhi Company came into effect from 1st Day of April 2014, vide notification dated 31st March 2014, hence called as Nidhi Company Rules 2014. The said rules are applicable to (RULE 2 OF […]...

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Detailed Analysis of Section 92 (Annual Return) | Companies Act 2013

Detailed Analysis of Section 92 (Annual Return) along with below details (a) Latest Amendment along with Rules. (b) Companies Amendment Bill 2020 and MCA Circular on CFSS Scheme 2020. What is an Annual Return? (Section 92(1))  Is it Mandatory for Every Company? > An Annual Return is a snapshot of certain company information as they [&...

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Extension of ROC Due Date for Companies whose Financial year has ended on 31/12/2019

Extension of Due Date for Companies whose Financial year has ended on 31/12/2019 Considering the rapid spread of the novel Corona Virus (COVID-19) in India, its declaration as pandemic by the World Health Organization and notified disaster by the Government of India and on receipt of various representations from the stakeholders in relati...

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20 FAQ’s on E- Form MSME-1

Ministry of Corporate Affairs (MCA)  has made amendments under Schedule III of the Companies Act, 2013 and read with notification S.O. 368(E) dated 22nd January, 2019 and introduced Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order 2019 thereby notified filing of Form MSME-1. Under Form MSM...

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FAQs On SPICe+ Forms

Q.1 What is the difference between SPICe and SPICe+? While SPICe is an eform, SPICe+ is an integrated Web form offering 10 services by 3 Central Govt Ministries & Departments. (Ministry of Corporate Affairs, Ministry of Labour & Department of Revenue in the Ministry of Finance) and One State Government (Maharashtra), thereby savin...

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Compliance Checklist of One Person Company

As the name suggests, One Person Company is a type of Private Company which can be formed only by a Natural Person who is resident of India. One Person will act as the Director as well as shareholder of the Company. As the concept of OPC is quite famous and prevailing in outside countries also, […]...

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Procedure For Removal of Director

1. Ensure that a special notice for the removal of a director is furnished by number of members in accordance with the section 115 of Companies Act, 2013 to the company at least 14 days before the meeting at which it is to be moved. 2. (a) Ensure that the notice for removal of a […]...

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Stand Up & Be Counted-Revamping Role of Internal Auditors

With the world witnessing numerous banking scams and corporate failures, a shake- up and meaningful reform of auditors’ role and responsibilities is definitely on the cards. Auditors can no longer seek refuge in the 19th century statement by Justice Lopes that “he is a watchdog not bloodhound”. In fact, this single statement has don...

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Bombay HC dismisses NCLT plea to ban Deloitte and BSR for 5 years

N Sampath Ganesh Vs Union of India (Bombay High Court)

Bombay High Court had upheld the constitutional validity of Section 140(5) of the Companies Act but held that it would not apply to auditors who had resigned and also squashed the prosecution or the criminal complaints filed by the Serious Fraud Investigation Office (SFIO) against the erstwhile auditors of Infrastructure Leasing and Finan...

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Real Estate “Accounting aspects” & RERA

Important Terms for Real Estate Accounting -Direct Cost -Indirect Cost -How to Book Sales. -Revenue Recognition -Closing Stock What is Direct Cost ? A Guidance note issued by The ‘Institute of Chartered Accountants of India’ has clearly defined the Direct cost; A cost which is directly incurred on the specific project is calle...

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ICAI advisory on mentioning fees in Advertisements issued by Members

Certain concerns have been raised by ICAI members as to whether it is permissible to advertise the services rendered by them, while also mentioning that Professional Fees with regard to individuals engaged in Community service would be charged lesser than what is usually charged by them/ free of charge basis....

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Consolidated Financial Statement- Section 129 and Accounting Standard 21

In this write-up, I am going to discuss the preparation and presentation of the Consolidated Financial Statement. The Companies Act, 2013 in its Section 129 along with Rule 6 of the Companies (Accounts) Rules, 2014, and Accounting Standard 21 govern the provision related to the consolidation of the financial statement. Now the question ar...

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Amendments in FDI policy and FEMA due to COVID-19

Foreign equity investments in an Indian company are bound by the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (‘Rules’) and Foreign Direct Investment (‘FDI’) policy issued by the Ministry of Finance and Ministry of Commerce and Industry respectively (together referred as ‘Government’). As per the said Rules, ...

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Object clause alone cannot be a basis to determine head of income

MLC Properties LLP Vs DCIT (ITAT Bangalore)

The issue under consideration is whether the rental income earned by the assessee is taxable under the head "Income from House Property" as claimed by the assessee in the return of income or under the head "Income from Business" as held by the AO in the assessment order....

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Legal Remedies available to a Home Buyer against the Builders

Buying Home is a pleasant event for every person and owning a beautiful Home might be the biggest dream of their life. A person invests his hard earned money to get a shelter for his family but at times all these dreams are shattered....

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Technical analysis of Relief by RBI for Covid-19

In the latest global pandemics era of the Covid 19 crisis, the Indian government is taking its all the ways and means to provide enough reliefs to the citizens. Reserve Bank of India has issued required circulars giving relief on March 27, 2020 and April 17, 2020. Let us check the implications of it....

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Legal Updates for Income Tax,GST, Corporate Law & Other Laws

Legal Updates- IMPACT OF COVID 19 Income tax 1. The due date of TDS/TCS Return for Q4 (FY 2019-20) has been extended from 15.05.2020/31.05.2020 to 30.06.2020. 2. CBDT has clarified that for the purpose of TDS on Salary for FY 2020-21, employer is required to obtain a declaration from each employee about opting of scheme […]...

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Digital & E learning: Learning resuscitated in the time of COVID pandemic

A learning system based on formalized teaching but with the help of electronic resources is known as e-learning. Digital content and e-learning can bring entire teaching modules to the doorstep through smart devices, making it possible for students to continue working towards completing their education albeit they get down the trail of tr...

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Reference to DVO under Section 142A Unlawful in absence of tangible material

Dashrathbhai G. Patel Vs DCIT (ITAT Ahmedabad)

Dashrathbhai G. Patel Vs DCIT (ITAT Ahmedabad) Unlawful reference u/s Sec 142A in absence of tangible material and adopting FMV under different section 55A was in gross contradiction of law Conclusion: Since AO had merely issued reference to DVO under s.142A without any background or reasons and the Valuation Officer, in turn, had conferr...

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Salary to Workers during Lock-Down Period: Balanced approach needed

Full Salaries to Workers during Lock-Down Period in view of MHA Order and Petitions pending before Hon’ble Supreme Court: Balance between Industries and Workers is need of the Hour China, on 31.12.2019, reported pneumonia of unknown cause, detected in the city of Wuhan, to Word Health Organization (“WHO” for brevity), wherein WHO on...

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Section 10(23AA) Exemption Allowed to whom- HC Analyses

CIT Vs Army Wives Welfare Association (Allahabad High Court)

As per Section 10(23AA), the exemption can be for the income received by any person on behalf of any regimental fund or non-public fund established by the armed forces of the Union for the welfare of the past and present members....

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Section 84A of Gujarat VAT Act is declared as ultra vires the Constitution of India

Reliance Industries Ltd. & ors. Vs State of Gujarat (Gujarat High Court)

Section 84A of the Gujarat VAT Act is declared as ultra vires and beyond the legislative competence of the State Legislature under Entry 54 of List II of the Seventh Schedule to the Constitution of India and is also declared to be violative of Article 14 of the Constitution of India on the ground of being manifestly arbitrary, unreasonabl...

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All about 6 schemes being wound up by Franklin Templeton

The unprecedented lockdown of the Indian economy in the wake of Covid-19 has impacted livelihoods and businesses across the country.  Despite several measures by the Reserve Bank of India (RBI), the liquidity in certain segments of the corporate bond markets has fallen-off dramatically and has remained low for an extended period. In this...

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India’s Position on Multilateral Instrument

One of the big challenges which the Organisation of Economic and Cooperation Development (OECD) face is the shifting of the base of the profit by various global entities. By using the treaty benefits such entities can either save or avoid paying taxes....

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Cloud Kitchen-Gaining Prominence amidst the Global Impasse. Let’s learn the basics of it

The Universal crisis caused by COVID-19 has led to revolutionary changes in the way the restaurant industry operates. With restaurants and hotels being shut, delivery kitchens, ghost restaurants or cloud kitchens are increasingly becoming more relevant. Even five-star chains across the country are counting on delivery operations to surviv...

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Demand for Cost Recovery Charges was non sustainable

Goodearth Maritime Limited Vs Commissioner of Customs (CESTAT Ahmedabad)

Since no services were being specially provided by the customs officials to the custodians at a customs port or customs airport, to enable them to collect any fee, from such a custodian thus, High Court not only set-aside the demand of Cost Recovery charges but even held that Regulation 5(2) of Regulation 2009 was illegal....

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Important issues of SEZs / EOUs during COVID-19 lockdown

No. K-43022/7/2020-SEZ (3145523) (29/04/2020)

Important operational issues pertaining to Special Economic Zones (SEZs) / Export Oriented Units (EOUs) during the prevailing lockdown for COVID-19 -reg....

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MHA guideline on movement of migrant workers, pilgrims, tourists, students etc.

No. 40-3/2020-DM-I (A) (29/04/2020)

a. All States/UTs should designate nodal authorities and develop standard protocols for receiving and sending such stranded persons. The nodal authorities shall also register the stranded persons within their States/UTs. . In case a group of stranded persons wish to move between one State/ UT and another State/UT, the sending and receivin...

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SEBI eases KYC Process by enabling online KYC

Press Release No.: 25/2020-SEBI (29/04/2020)

SEBI has from time to time, taken steps to simplify the process of KYC for investors and intermediaries. SEBI has allowed the use of technological innovations which can facilitate online KYC. The use of technology would facilitate the investors to complete the KYC without the requirement of physically visiting the office of the intermedia...

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Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2020

Notification No. G.S.R. 268 (E) (29/04/2020)

MCA has issued Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2020 which are applicable from 29th April 2020 and by this Registration of details of Independent Directors in Independent Directors Data Bank who were director on 1st December 2019 is been allowed till 30th June 2020. Revised rules now provide ...

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Movement of goods, from one State to another terminates, where good have been delivered : SC

Commercial Taxes Officer Vs Bombay Machinery Store (Supreme Court)

That fiction is that the movement of goods, from one State to another shall terminate, where the good have been delivered to a carrier for transmission, at the time of when delivery is taken from such carrier....

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RBI extends timeline for submission of regulatory returns

RBI/2019-20/228 DOR.BP.BC.No.68/21.04.018/2019-20 (29/04/2020)

In view of disruptions on account of COVID-19 pandemic, it has been decided by RBI to extend the timelines for submission of regulatory returns which can be submitted with a delay of a maximum of 30 days from the due date....

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Goods cannot be detained merely because driver has taken a different route

Commercial Steel Company v. Assistant Commissioner of State Tax (Telangana High Court)

Detention of goods on the ground that the vehicle took a different route or reached wrong destination- The High Court observed that allegation of ‘wrong destination’ or that the driver has taken a different route is not a ground to detain the vehicle carrying the goods or levy tax or penalty. It was held that the fact that the vehicle...

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HC releases goods detained on the ground of wrong classification of goods

Daily Fresh Fruits India Private Limited. Vs Asst. State Tax Officer (Kerala High Court)

Daily Fresh Fruits India Pvt. Ltd. Vs Asst. State Tax Officer (Kerala High Court) Detention of goods on the ground of wrong classification of goods- The High Court quashed detention order on the ground that this was a bona-fide case of dispute in the classification of goods and directed release of goods. FULL TEXT OF […]...

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HC releases goods seized for writing wrong Tax Invoice No. on E-way Bill

Hindon Machinery Tools Vs State of U.P & Ors. (Allahabad High Court)

Incorrectly mentioning the number of tax invoices as tax invoice number on E-way Bill- Prima facie, there seems no discrepancy in E-way Bill attracting seizure of goods. Goods directed to be released without insisting for a deposit of any amount and furnishing security as GST already paid on goods. ...

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November 2020