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Archive: 14 September 2021

Posts in 14 September 2021

Service Tax not leviable on discounts offered by car manufacturers to their dealers for onward transmission to corporate customers

September 14, 2021 3405 Views 0 comment Print

Autobahn Enterprises Pvt Ltd Vs Commissioner of Service Tax (CESTAT Mumbai) Service Tax not leviable on discounts offered by car manufacturers to their dealers for onward transmission to corporate customers Autobahn Enterprises Pvt. Ltd. (Appellant) was an authorized dealer of M/s Skoda Auto India Pvt Ltd. and in accordance with their agreements, the  Appellant  was […]

ITC allowable on Invoices, not furnished in FORM GSTR-1 by Suppliers

September 14, 2021 5988 Views 1 comment Print

Applicant has sought an advance ruling on the issue whether he is entitled for GST Input Tax Credit (ITC) already claimed by him on the invoices raised by M/S. Gayatri Projects Ltd. for the period of January to March, 2020 for which M/S. Gayatri Projects Ltd. (Supplier) has belatedly  paid the tax charged in respect of such supply to the Government.

Delay cannot be condoned beyond statutory period of 15 Days stipulated u/s 61(2) of IBC

September 14, 2021 2673 Views 0 comment Print

National Spot Exchange Limited Vs Anil Kohli (Supreme Court of India) Conclusion: NCLAT had rightly refused to condone the delay of 44 days in preferring the appeal against the order passed by the NCLT and rejected the claim of the appellant as the period of 15 days which maximum could have been condoned in view […]

No requirement of approval by DSIR authority in form No. 3CL prior to 01.07.2016

September 14, 2021 7386 Views 0 comment Print

DCIT Vs Force Motors Limited (ITAT Pune) The sole grievance of the Revenue in this appeal is with regard to deletion of the disallowance made by the Assessing Officer on account of excess deduction claimed by the assessee over and above the amount approved by the DSIR by holding that before Tenth Amendment Rule, 2010, […]

Transfer of Development Rights under JDA taxable on value of similar flats offered to independent buyers

September 14, 2021 1671 Views 0 comment Print

Owners have vested the rights to develop the immovable property owned by them, into a residential apartment with the Applicant thereby, holding the contention of the Applicant that Para 2 will not be applicable and thus is unsustainable.

SC upheld the validity of Rule 89(5) of CGST Rules i.e. Refund under Inverted Duty Structure restricted to Inputs only

September 14, 2021 2046 Views 1 comment Print

Hon’ble Supreme Court in the current case while analyzing the validity of formula prescribed in Rule 89(5) observed that while the anomalies of the formula do continue to exist, an anomaly per se cannot invalidate a fiscal rule which has been framed in exercise of the power of delegated legislation.

India and Singapore to link their Fast Payment Systems

September 14, 2021 606 Views 0 comment Print

RBI and the Monetary Authority of Singapore (MAS) announce a project to link their respective fast payment systems viz. Unified Payments Interface (UPI) and PayNow. The linkage is targeted for operationalisation by July 2022.

Biggest roadblock for success – FEAR- techniques to overcome

September 14, 2021 2049 Views 1 comment Print

Fear is generally of the unknown. We mostly fear that which is unfamiliar to us. So, the first time we go up on stage in an auditorium full of people – we are fearful; when we are investing in a new stock – we are fearful; when we are about to undergo an operation – we are fearful.

The Alternative Dispute Resolution- Take charge of your own dispute

September 14, 2021 1191 Views 0 comment Print

Conflict among humans are common rather it is an inevitable part of our life which generally causes due to disagreement with one’s opinion that may be cultural, personal or professional or other, that further give birth to Dispute.

Sale not become intra-State when Assembly of Parts was within state which were brought from other states

September 14, 2021 903 Views 0 comment Print

Larsen & Toubro Ltd. Vs State of Orissa (Orissa High Court) as far as the present case is concerned, merely because the component parts were brought from different places outside Orissa and assembled in Orissa, it cannot be said that it was an intra-State sale and that a colourable device was deployed to avoid paying […]

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