"08 August 2021" Archive

Proceedings by both State & Central GST Authorities allowed if subject matter is not same

Kuppan Gounder P.G. Natarajan Vs Directorate General of GST Intelligence (Madras High Court)

Kuppan Gounder P.G. Natarajan Vs Directorate General of GST Intelligence (Madras High Court) As far as Section 6(2)(b) of the Act is concerned, this Court is of the considered opinion that the State authorities issued a notice for intimating discrepancies in the return after scrutiny in proceedings dated 17.12.2020. The said proceedings w...

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SC allows IGST export refund as it was to the extent of customs component

Union of India & Ors. Vs Awadkrupa Plastomech Pvt. Ltd. (Supreme Court of India)

Union of India & Ors. Vs Awadkrupa Plastomech Pvt. Ltd. (Supreme Court of India) Supreme Court has upheld decision of the Gujarat High Court where the High Court directed the Goods and Service Tax Authorities to immediately sanction refund towards IGST paid in respect to goods exported made via shipping bills as same was only [&hellip...

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Dream 11 fantasy sports are games of skill and not gambling

Avinash Mehrotra Vs State of Rajasthan & Ors. (Supreme Court of India)

Avinash Mehrotra Vs State of Rajasthan & Ors. (Supreme Court of India) Permission to file Special Leave Petition is granted. This matter has come up before us even earlier.  On 28.06.2021, the petitioner has sought an adjournment for filing  additional documents. The matter now comes up in which the petitioner circulated yet another...

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Assessee can object to inclusion/exclusion of companies at appellate proceedings stage

Dell International Services India Pvt. Ltd. Vs JCIT (LTU) (ITAT Bangalore)

Dell International Services India Pvt. Ltd. Vs JCIT (LTU) (ITAT Bangalore) The assessee did not object to inclusion of this company before the TPO but objected to inclusion of this company before DRP. The DRP did not adjudicate the objection. In these circumstances, we are of the view that exclusion of this company from the […]...

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Fees on Term Loan for Plant Acquisition is allowable Business expense

Brace Iron and Steel Pvt. Ltd. Vs Addl. CIT (ITAT Delhi)

Brace Iron & Steel Pvt. Ltd. Vs Addl. CIT (ITAT Delhi)  A.O. disallowed the payment of up-front fee of Rs.1,10,82,175/-on the ground that the assessee was required to pay the same as a lump sum one time non-refundable fee for processing of the loan prior to the execution of the Loan Agreement, therefore, it is […]...

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Contribution of Chartered Accountants to Indian Economy

There was a great contribution of Chartered Accountants in Indian economy post-independence, rather we should say world economy as members of ICAI has a presence in almost every developed and developing countries of the world engaged in providing quality services in the field of accountancy, finance, auditing , business consultancy etc. I...

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Indian Government retracts retrospective taxes imposed under Income Tax Act, 1961

Apropos, the move to retracts retrospective taxation by the Indian government by Taxation Laws (Amendment) Bill, 2021 is undoubtedly a welcome move that is likely to attract the interest of numerous foreign investors besides several business conglomerates world over. Retrospective taxation, an evil strongly deprecated and denounced even b...

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HC grants Bail to Executive Director in case related to non-payment of GST

B. Anandan Vs Government of India (Madras High Court)

B. Anandan Vs Government of India (Madras High Court) The petitioner, who was arrested and remanded to judicial custody on 4.2.2021 for the offence punishable u/s 132 (1) (d) of the Central Goods and Service Tax Act, 2017, on the file of the respondent police, seeks bail. 2. The petitioner is an Executive Director of […]...

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HC rejects request of Actor Dhanush to withdraw Tax Exemption plea

Mr. K. Dhanush Vs State of Tamilnadu (Madras High Court)

The petitioner states that he has paid the customs duty and therefore, no further tax is to be levied. Neither Sales Tax nor Entry Tax is levied for vehicles that are imported. The contention of the petitioner is that, the goods that are manufactured in India suffers payment of Excise Duty and the goods that are imported suffers Customs D...

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Judicial discipline cannot be ignored unless decision is suspended by a competent Court

KEM Hospital and Seth G. S. Medical College Employees’ Co-operative Credit Society Ltd. Vs ITO (Bombay High Court)

The mere fact that the order of the appellate authority is not ‘acceptable’, which itself is an objectionable phrase, can be no ground for not allowing the claim unless the decision of the appellate authority has been suspended by a competent Court. Supreme Court emphasized that if such healthy rule of judicial discipline is not follo...

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