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Archive: 24 November 2020

Posts in 24 November 2020

IRDAI (Insurance Surveyors & Loss Assessors) (Amendment) Regulations, 2020

November 24, 2020 16542 Views 1 comment Print

Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors) (Amendment) Regulations, 2020 INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA NOTIFICATION Hyderabad, the 24th November, 2020 Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors) (Amendment) Regulations, 2020 F. No. IRDAI/Reg/4/170/2020.—In exercise of the powers conferred by clause (x) and […]

Tariff Related Quota – Implementation in System

November 24, 2020 639 Views 0 comment Print

Kind reference is invited to CBIC’s notifications 28/2020 dated 23.06.2020 and 40/2020 dated 28.10.2020 where concessional rate for BCD has been notified for certain items provided that the quantity of total imports of such goods in a financial year do not exceed the tariff rate quota (TRQ) quantity as specified in the notifications

GST: Provisional attachment of Bank A/C & FD to protect interest of revenue was justified

November 24, 2020 1203 Views 0 comment Print

R. J. Exim And Another Vs Principal Commissioner Central Goods And Service Tax (Allahabad High Court) From the perusal of Section 74(5) of the Act, it is evident that a person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax and interest under Section 50 and penalty @ […]

HC set aside GST Refund cancellation order as FORM GST RFD-02 was not issued

November 24, 2020 2553 Views 0 comment Print

SHCPLRJV Vs ACCT (Andhra Pradesh High Court) Having regard to the fact that there is a default in compliance of Rule 90(1) read with para 2(d) of Circular No. 79, and since the acknowledgment in FORM GST RFD-02 was not issued within 15 days, the order under challenge is set aside and the matter is […]

HC permits common trial of 3 cases of not declaring foreign account

November 24, 2020 690 Views 0 comment Print

The genesis of trial of three petitions before the trial court is the complaint bearing CC No.511538/16 (Old CC No.131/2014), under Section 276-D of the Income Tax Act dated 28th February, 2015 and the other two complaints rest on the same. Whether the petitioner is holding a foreign account or not is a matter of trial in the first complaint and the assumption that he holds an undisclosed foreign account, which forms basis of other two complaints, is also subject matter of trial.

Anticipatory Bail to management of ‘Milk Food’ in alleged Fake ITC availment case

November 24, 2020 2415 Views 0 comment Print

Naval Kumar Vs CGST (Patiala House Court) In this case , admittedly the total amount as liability of the of the applicants is yet to be adjudicated and assessed. Liability which has been raised by the department is the tentative where show cause notice is yet to be issued and adjudication is still due. Such […]

Release of module for issue of Appeal Number for departmental appeal filed in GST Form APL- 03 – Reg

November 24, 2020 939 Views 0 comment Print

Functionality built for Issue of Appeal Number for Departmental appeal filed in form APL-03 is now available for use by officers of Appeal commissionerates.

Rajasthan HC grants bail to person accused of wrongfully availing ITC under GST

November 24, 2020 780 Views 0 comment Print

Subhash Chandra Tyagi Vs Directorate General Of Goods And Service Tax (Rajasthan High Court) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Criminal Complaint No. DGGI /320/ Gr.I/ INV/ GST/ SCT/ 15/2019 registered at Chief Metropolitan Magistrate (Economic Offences Court), District Jaipur for the […]

Case Commentary on Vodafone International Holdings B.V. vs. Union of India (SC) & Formula One World Championship V CIT

November 24, 2020 15195 Views 0 comment Print

Case Commentary on Vodafone International Holdings B.V. vs. Union of India (UOI) and Ors. (20.01.2012 – SC) and Formula One World Championship V CIT. TAX OPINION PAPER- CASE SUMMARY FOR VODAFONE AND FORMULA ONE CASE Vodafone International Holdings B.V. vs. Union of India (UOI) and Ors. (20.01.2012 – SC): MANU/SC/0051/2012 Vodafone International Holdings, a copany […]

Disallowance u/s 40A(3) vs Restrictions on cash u/s 269ST

November 24, 2020 10254 Views 0 comment Print

Example: Five separate invoices of Rs. 60,000 each were issued to a customer. The customer intends to make cash payment in installments of Rs. 10,000 each on daily basis. State the applicability of Sec 269ST and 40A(3)? As per sec 40A(3), if any payment is made by an assessee to a person in a day above Rs.10,000, other than […]

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