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Archive: 09 December 2020

Posts in 09 December 2020

HC directs Authorities to release seized imported pistachio as detention period exceeded 6 months

December 9, 2020 948 Views 0 comment Print

Since the authorities had detained the goods without affecting seizure and they had exceeded the time limit for detention of the goods even if it was construed to be a case of seizure therefore, authorities were directed to forthwith release the imported goods of assessee covered by the bill of entry on completion of the necessary legal formalities.

DGAP to reinvestigate alleged profiteering by Dra Aadithya Projects Pvt. Ltd.

December 9, 2020 432 Views 0 comment Print

Hussain Shoaib Kothalia Vs Dra Aadithya Projects Pvt. Ltd. (NAA) 1. The present Report dated 26.03.2020 has been received from the Applicant No. 3 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the case are […]

e-Voting Facility Provided by Listed Entities

December 9, 2020 2649 Views 0 comment Print

Currently, there are multiple e-voting service providers (ESPs) providing e-voting facility to listed entities in India. This necessitates registration on various ESPs and maintenance of multiple user IDs and passwords by the shareholders.

Faulty decision-making process adopted while passing impugned order cannot be sustained

December 9, 2020 879 Views 0 comment Print

Tvl. Bmw India Private Limited Vs Deputy Commissioner (CT) (Madras High Court) High Court held that the faulty decision-making process adopted while passing the impugned order cannot be sustained. Learned Government Advocate appearing for the Respondents, on instructions, states that the enquiry for personal hearing would be held on 21.12.2020 and the Petitioner may appear […]

GST on Mining under HC Scanner

December 9, 2020 1611 Views 0 comment Print

Mahadev Enclave Pvt Ltd Vs. Union Of India And Ors (High Court of Punjab & Haryana) Punjab & Haryana HC issued notice of motion on plea challenging validity of levy of tax on the payment of royalty made to the Govt. of Punjab for mineral rights under reverse charge mechanism The petitioner, M/s Mahadev Enclave […]

Complete Guide to GST Applicability on Housing Societies

December 9, 2020 105251 Views 28 comments Print

Central Goods and Services Tax is an indirect tax to be paid by end users for the consumption of goods and services. It was implemented in 2017 and it applies not just to individuals and corporations, but to housing societies as well, with exceptions, of course.

Tax on Interest Income & commitment fees earned by DZ Bank from its Indian clients

December 9, 2020 3216 Views 0 comment Print

DZ Bank AG – India Representative Office Vs DCIT (ITAT Mumbai) Interest Income & commitment fees earned by DZ Bank from its Indian clients could be taxed under article 11 instead of article 7 of Indian Branch under Tax Treaty: Conclusion: Interest income and commitment fees earned by DZ Bank from its Indian clients could […]

SC transfers petitions challenging validity of Tax Audit Limit of 60

December 9, 2020 18363 Views 0 comment Print

The Institute of Chartered Accountants of India & Ors. Vs. Shaji Poulose & Ors. (Supreme Court) In the writ petitions, which are sought to be transferred, writ petitioners have challenged validity of Chapter VI of Guidelines No.1‑CA(7)/02/2008 dated 08.08.2008 issued by the Council of petitioner Institute on the ground that the same is violative of […]

QRMP Scheme (Quarterly Returns Monthly Payment Scheme) w.e.f. 01.01.2021

December 9, 2020 4068 Views 2 comments Print

In order to further ease the process of doing business, the GST Council in its 42nd meeting held on 05.12.2020 has introduced the QRMP Scheme i.e. Quarterly Returns Monthly Payment Scheme w.e.f 01.01.2021 for all the registered taxpayers having aggregate turnover upto INR 5 crores in the preceding financial year.

Recent Enhancements in e-Way Bill System

December 9, 2020 1836 Views 1 comment Print

1. Recipient GSTIN should be registered and active, on the date of preparation of the document by the supplier. 2. Document Nos. are case sensitive for e-Waybill generation. 3. In the Bulk Upload, if the Pin-to-Pin distance is not known, distance may be passed as zero. The system will automatically populate the distance, if available. […]

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