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Archive: 09 October 2021

Posts in 09 October 2021

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 7062 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

How to Report Stock Market Capital Loss in ITR 2

October 9, 2021 352935 Views 94 comments Print

Learn how to report stock market capital loss in ITR 2 and take advantage of tax relief options. Set off losses against gains and carry them forward for future use.

Refund of GST Paid under Incorrect Head – Issues & Clarifications

October 9, 2021 22287 Views 0 comment Print

The dual model of GST (i.e. CGST/SGST + IGST) coupled with the issues related to the identification of the correct place of supply can result in situations wherein the taxpayer ends up charging and paying the tax under an incorrect head (e.g. he may pay CGST/SGST where IGST was payable or vice-a-versa).

Cash seizure of over Rs. 142 crore in Income Tax searches in Hyderabad

October 9, 2021 969 Views 0 comment Print

The Income Tax Department carried out search & seizure operations on 06.10.2021 on a major Pharmaceutical group based out of Hyderabad. This Pharmaceutical group is engaged in the business of manufacturing of intermediates, Active Pharmaceutical Ingredients (APIs) and formulations.

Order passed following SC decision not become erroneous if Larger SC bench held SC decision per incurium

October 9, 2021 2454 Views 0 comment Print

Union of India and 4 Ors. Vs Keshari Industries (Gauhati High Court) Order passed following the Supreme Court decision cannot be termed as erroneous simply because subsequently the said decision of the Supreme Court is held to be per incurium by a larger bench FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT All these […]

HC quashes summary revised GST demand for not giving Fair opportunity of hearing

October 9, 2021 633 Views 0 comment Print

Manoj Kumar Vs State of Bihar (Patna High Court) Quashed summary revised GST demand cannot be made without giving the assessee a reasonable opportunity to be heard Patna High Court has held that a demand made under GST laws on the basis of orders passed where the assessee was not given a reasonable opportunity to […]

Tripura VAT: HC Quashes order passed in Violation of principal of Natural Justice

October 9, 2021 474 Views 0 comment Print

ITC Limited Vs State of Tripura (Tripura High Court) We cannot appreciate the stand of the department that even during the time when the Corona Virus was at its peak, the administrative and legal representatives of the assessee company must appear before the Assessing Officer physically for conducting the hearings. Across the country courts at […]

No fault of bank for non deduction of TDS relying on CA Certificate

October 9, 2021 1164 Views 0 comment Print

State Bank of Patiala Vs ITO (ITAT Amritsar) Admittedly the issue pertaining to exemption of I.K. Gujral Punjab Technical University Jalandhar, it is pending adjudication before the Hon’ble High Court of Punjab and Haryana. Nonetheless the certificate was issued by the chartered accountant of I.K. Gujral Punjab Technical University Jalandhar, certifying that the assessee is […]

GST Registration Cancellation not valid if SCN not issued in Prescribed Template

October 9, 2021 5376 Views 0 comment Print

Suresh Trading Corporation Vs The Asst. Commissioner (Circle) of SGST (Madras High Court)  Petitioner has filed this petition challenging the order dated October 10, 2019 in which the GST certificate of the Petitioner was cancelled. However, it is to be noted that SCN which preceded the same was not been issued in the prescribed template […]

A Stormy GST Circular for the Kitchen’s cloud

October 9, 2021 18021 Views 0 comment Print

Restaurant service is taxed under GST vide Sl. No.7 of Notification No. 11/2017-Central Tax (Rate), wherein the existing rate chargeable is specified @ 2.5%, with the condition that “credit of input tax charged on goods and services used in supplying the service has not been taken”. Further an explanation is also applicable on the above […]

GST on Treated Water’ obtained from STP

October 9, 2021 2847 Views 0 comment Print

Whether ‘Treated Water’ obtained from STP (classifiable under Chapter 2201) will be eligible for exemption from GST by virtue of SI. No. 99 of the Exemption Notification No. 02/2017- Integrated Tax (Rate) dated 28 June 2017 (as amended) as ‘Water (other than aerated, mineral, purified, distilled, medical, ionic, battery, de-mineralized and water sold in sealed container]’?

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