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Archive: November, 2020

Posts in November, 2020

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

November 24, 2020 963 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 2943 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 1434 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 1014 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 17340 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 14103 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 […]

Covid 19: Advocates cannot be asked to appear physically before court

November 24, 2020 771 Views 0 comment Print

V. M. Singh Vs Madan Lal Mangotra (Delhi High Court) In view the advisories issued by the High Court, petitioner cannot be asked to appear physically unless the advisory is modified by the High Court, however, recently the High Court has issued a fresh advisory that in case parties do not appear even through virtual […]

No service tax on internet based trading software licensing prior to 16.05.2008

November 24, 2020 789 Views 0 comment Print

Religare Technova Global Solutions Ltd. Vs Commissioner of Service Tax (CESTAT Bangalore) Conclusion: Since the activities undertaken by assessee were covered under the Information Technology Services as taxable under Section 65(105)(zzzze) with effect from May 16, 2008  and prior to 16-5-2008, even the services rendered by assessee was excluded from the scope of consulting engineer’s […]

Lease of Land and issues in GST?

November 24, 2020 109861 Views 6 comments Print

Article contains Important Definitions related to Lease of Land and issues in GST, Schedule entries related to  Lease of Land, Reverse Charge Mechanism on Land Lease, Important Judgement and AAR related to GST on Land Lease with FAQ on Issues like: What is the difference between the lease of Land v/s Building?, What is a […]

Customs Faceless Assessment Good Intensions – Strong Resistance

November 23, 2020 12693 Views 1 comment Print

Trade Facilitation is a key enabler for simplification of procedures and reduction of barriers to the trade.  The major Objective of Trade Facilitation is to Reduce Time and Cost for the EXIM community and help them become more competitive in the International Arena. In line with this momentum, CBIC has implemented next generation reforms through […]

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