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Archive: 20 November 2021

Posts in 20 November 2021

Pure Services Under GST-Detailed Analysis

November 20, 2021 49785 Views 2 comments Print

Supply of Pure Service except Works Contract Service or composite supplies involving supply of any goods is exempted from GST Tax subject to such conditions stated under entry at Sr.No.3 of the Notification No.12/12017 Central Tax (Rate) dated 28-06-2017. From 25-01-2018 the Legislature allowed composite supply in which the value of supply of goods constitutes […]

Bombay HC issues notice in challenge to Constitutional validity of 16(4) of CGST Act

November 20, 2021 21450 Views 1 comment Print

Meta Tiles Pvt. Ltd. Vs Union of India (Bombay High Court) Hon’ble Bombay High Court issues notice in challenge to Constitutional validity of 16(4) of the CGST Act In terms of section 16(4) of the Central GST Act and Maharashtra GST Act, a taxpayer is not entitled to take input tax credit in respect of any […]

Brief Note on Board Meeting- Checkpoints

November 20, 2021 6519 Views 0 comment Print

GENERAL PROVISIONS ON BOARD MEETING: (i) Ensure that company must hold at least 4 meetings of its board of directors every year; (ii) Ensure that not more than 120 days lapsed between two consecutive meetings of the board; (iii) Ensure that a notice in writing must be given to every director at least seven days before the date of meeting; (iv) Ensure that if a meeting was called at a shorter notice then at least one independent director must present at that meeting; (v) Ensure that company must comply with applicable procedure, for convening and conducting meeting through video conferencing or other audio-visual means;

No denial of exemption of excise duty on mere taking credit of duty paid on Inputs used in manufacture of goods

November 20, 2021 1380 Views 0 comment Print

Exemption of excise duty could not be denied for mere taking credit of duty paid on inputs used in the manufacture of goods as if assessee was availing such Cenvat credit and such wrongly availed Cenvat credit could be recovered under Rule 14 of Cenvat Credit Rules.  Therefore, recovery of an amount under Rule 6(3) was without the authority of law and hence demands could not be sustained under Rule 6(3) and need to be set aside.

Appellant can’t be penalized for inability of an advocate who had expired

November 20, 2021 1155 Views 0 comment Print

Chopra Generators Vs State of Punjab (VAT Tribunal, Punjab) There is a specific provision made by the legislature in its wisdom i.e. Section 64 which enables Appellate Authority to condone; the delay in the interest of justice if it is not filed within stipulated period. The First Appellate Authority has considered the plea raised before […]

Writ filed seeking refund of tax coercively recovered by GST Department

November 20, 2021 1395 Views 0 comment Print

In re Mallcom India Limited (Uttarakhand High Court) Hon’ble Uttarakhand High Court issues notice to the GST Department coercive recovery regarding demand of ITC  due to misclassification of goods by the supplier   Mallcom India Limited has filed a writ petition vide WPMS No. 1206 of 2021 before the Hon’ble Uttarakhand High Court seeking refund of […]

Writ filed challenging constitutional validity of Section 140(5) of CGST Act, 2017

November 20, 2021 6249 Views 0 comment Print

Maa Durga Plastic Vs Assistant Commissioner (Calcutta High Court) Constitutional validity of Section 140(5) of the CGST Act to the extent that it denies ITC on capital goods in transit challenged before Hon’ble Calcutta High Court Maa Durga Plastic has filed a writ petition vide W.P.A. No. 10340 of 2021 before the Hon’ble Calcutta High […]

Income Tax Exemption can’t be denied to BCCI merely because IPL is structured in more Profitable Manner

November 20, 2021 6816 Views 0 comment Print

Board of Control for Cricket in India Vs PCIT  (ITAT Mumbai) Facts- The appellant (BCCI) has preferred an appeal against three show-cause notices issued by the department alleging that the tax exemption that the appellant is enjoying under Section 12A of the Income Tax Act should not be revoked for generating income through the IPL. […]

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