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Archive: August, 2021

Posts in August, 2021

SC won’t intervene in Amazon, Flipkart’s plea against CCI investigation

August 12, 2021 855 Views 0 comment Print

The Apex Court rejected a plea filed by e-commerce major Amazon and Flipkart (companies) to stall enquiry by the Competition Commission of India (CCI) for anti competition agreements, stating that, ‘as big e-commerce organizations, you should volunteer for anti-trust investigation but you are objecting’. Facts: Delhi Vyapar Mahasangh (“DVM”), an organization of retailers, submitted a […]

HC stays order Levying GST on commission & not on bet amount In Horse Races

August 12, 2021 2469 Views 0 comment Print

Union of India Vs Bangalore Turf Club Limited (Karnataka High Court) Karnataka High Court Stays the Judgment of Single Judge in which he held that Goods and Service Tax (GST) cannot be levied on the entire bet amount received in the totalisator as it would take away the principle that tax can only be levied on […]

HC allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment

August 12, 2021 921 Views 0 comment Print

REIL Electricals India Ltd. Vs Joint Secretary and ors. (Madras High Court) Madras High Court allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment Madras High Court in held that, owing to the squaring up of liability by Assessee along with interest to regularize its mistake of fraudulent entry made […]

Construction of Institute outside India when Service Provider & Service Recipient in India

August 12, 2021 1044 Views 0 comment Print

Construction of Institute outside India when Service Provider and Service Recipient in India In  M/s. Sri Avantika Contracts (I) Limited, [GST-AAR 05/2021 dated August 05, 2021],  M/s. Sri Avantika Contracts (I) Limited (Applicant) has sought an advance ruling on the issues of applicability of Goods and Services Tax (GST) on construction of Police Academy in […]

GST Applicable on Renting of Immoveable Property by Tamil Nadu Labour Welfare Board to Government

August 12, 2021 1566 Views 0 comment Print

GST Applicable on Renting of Immoveable Property by Tamil Nadu Labour Welfare Board to Government In M/s. Tamil Nadu Labour Welfare Board [TS-399-AAR(TN)-2021-GST dated June 18, 2021], M/s. Tamil Nadu Labour Welfare Board (Applicant) seek an advance ruling on applicability of Goods and Services Tax (GST) on registration of the Applicant and rental income received […]

ESIC Covid-19 Relief Scheme- Eligibility conditions & Manner of Payment

August 11, 2021 2166 Views 0 comment Print

a) The IP who died due to COVID-19 disease must have been registered on the ESIC online portal at least three months prior to the date of diagnosis of COVID-19 disease resulting in his/ her death. b) The deceased IP must have been in employment on the date of diagnosis of COVID-19 disease and contributions for at least 70 days should have been paid or payable in respect of him/ her during a period of maximum one year immediately preceding the diagnosis of COVID-19 disease resulting in death.

2 held by CGST Officials for ITC fraud of more than Rs 10 crore

August 11, 2021 1173 Views 0 comment Print

CGST Commissionerate, Faridabad, Haryana has arrested two Directors of M/s. F2C Wellness Pvt. Ltd.,  Faridabad on charges of illegally availing and passing on input tax credit (ITC) by issuance of invoices without supply of goods.

Suppression of facts has to be “Wilful” for recovery of CENVAT Credit

August 11, 2021 8427 Views 0 comment Print

Emaar MGF Land Ltd. Vs Commissioner of Central Excise and CGST (CESTAT Delhi) M/s. Emaar MGF Land Ltd. (Appellant) has filed the current appeal for quashing Order-In-Original No. DLI-SVTAX-001-COM-054-16-17 dated March 31, 2017 (OIO) which confirmed recovery of Central Value Added Tax Credit “CENVAT Credit) along with interest and penalty under Section 73(1) of the […]

Enquiries by Central Authority under GST cannot be restricted due to pendency of proceedings before State Authority

August 11, 2021 996 Views 0 comment Print

Hon’ble High Court of Madras noted that it needs to be established that subject matter is one and the same and that mere pendency of proceedings before the State authorities is not a ground to restrain the Central authorities from issuing summons and conduct investigation regarding certain allegations.

Payments for computer software sold/licenced on a CD/other physical media cannot be classed as a royalty

August 11, 2021 1812 Views 0 comment Print

World Courier (India) Pvt. Ltd. Vs ACIT (ITAT Bangalore) M/s. World Courier (India) Pvt. Ltd. (Appellant) has filed an appeal against order dated April 24, 2017 of Commissioner of Income Tax (Appeals) (CIT(A)) on the issue whether Revenue authorities were justified in disallowing sum paid by the Appellant as software maintenance charges to its overseas […]

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