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Archive: 15 September 2020

Posts in 15 September 2020

Income already disclosed under PMGKY, 2016 cannot be treated as Unexplained Income u/s 68

September 15, 2020 909 Views 0 comment Print

The issue under consideration is whether the CIT(A) was right in deleting the addition made by the AO on account of unexplained investment in purchase of gold?

GST advance ruling cannot be given on issue already decided

September 15, 2020 510 Views 0 comment Print

In re B and R & Co (GST AAR Madhya Pradesh) In this case Deputy Commissioner, Commercial Tax, Sagar Division Madhya Pradesh had already decided the issue of getting credit of Entry Tax in TRAN-1 in his order dated 24.02.2020 in the applicant’s case of Entry Tax Act pertaining to period 01.04.2017-30.06.2017. Now having regard […]

Date of allotment of mines is time of supply under GST for Upfront payment

September 15, 2020 2118 Views 0 comment Print

In re Essel Mining and Industries Ltd. (GST AAR Madhya Pradesh) Upfront payment made to the state Government is in the nature of advance from the date Of allotment of mines on lease to the applicant for the purpose of determining the time of supply under GST Law as per the Section 13(3) of MP […]

National Commission for Allied and Healthcare Professions Act, 2020 introduced in Rajya Sabha

September 15, 2020 6081 Views 0 comment Print

National Commission for Allied and Healthcare Professions Bill, 2020 was introduced in Rajya Sabha on 15th September 2020.  Text of the same is as follows:- The Gazette of India NEW DELHI, TUESDAY, SEPTEMBER 15, 2020 CG-DL-E-22092020-221868 EXTRAORDINARY PART II PUBLISHED BY AUTHORITY RAJYA SABHA The following Bills were introduced in the Rajya Sabha on the […]

Kerala VAT- Amnesty scheme-2020 for settlement of arrears – Further instructions

September 15, 2020 12561 Views 1 comment Print

Office of the Commissioner of State Goods and Services Tax Department, Government of Kerala, Thiruvananthapuram No. CT/01/2020-C1 Dated 15/09/2020 Circular No. 9/ 2020 Sub: Amesty scheme-2020 for settlement of arrears – further instructions issued – Reg: Ref: 1. Kerala Finance Bill, 2020. 2. Circular No. 2/2020, dated 04/04/2020. 3. Kerala Finance Act, 2020. Based on […]

Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Act, 2020

September 15, 2020 8088 Views 0 comment Print

Notwithstanding anything contained in this section, a company, which has been incorporated under the provisions of the Companies Act, 2013, after the date of commencement of the Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Act, 2020, shall at the time of its incorporation, obtain the certificate of enrollment and certificate of registration under this Act.

Settlement Commission cannot re-open its concluded proceedings by invoking section 154 to levy interest

September 15, 2020 1650 Views 0 comment Print

CIT Vs M.A. Jacob & Company (Madras High Court) The order passed on the Settlement Applications filed by the assessee is dated 07.01.2000. The second order of ITSC was passed on 19.02.2004. After those orders passed by ITSC on the issue in question, concerning the assessee, in the year 2010, the Honourable Supreme Court had […]

Recovery of GST under IBC provisions

September 15, 2020 10182 Views 0 comment Print

GST department cannot take shelter under the decision of Electro Steels Limited versus State of Jharkhand as it a special case. Notification for taking fresh registration by the RP/IRP would act as deemed intimation for the revenue confirming the assessee is under insolvency proceedings.

Copy of GST documents seized can be denied to Assessee if it may adversely affect investigation

September 15, 2020 1827 Views 0 comment Print

The discretion available to the competent authority u/S 67(5) of the CGST Act while withholding supply of copies/extracts of documents seized appears to be judiciously exercised by the competent authority for reasons which prima facie appear to be cogent and convincing.

Filing of Appeal with GST Tribunal if not constituted- HC Direction

September 15, 2020 4665 Views 0 comment Print

In the instant case, the petitioner filed a writ petition seeking to quash show cause notice issued by the respondents. The petitioner to reply to the said show cause notice within two weeks. Thereafter, the Adjudicating Authority shall consider the objection filed and pass orders in accordance with law.

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