"01 January 2022" Archive - Page 2

Electricity charges reimbursed on actual basis are not includable in gross value of renting of immovable property service

Pragati CNG Vs C.C.E. & ST (CESTAT Ahmedabad)

It can be seen that the electricity charges which is reimbursed on actual basis in terms of the contract is not includible in the gross value of service provided by the appellant to Gujarat Gas Company Limited....

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HC explains requirement of new sanction under Section 279(1) of Income Tax

G. Victor Devasahayam Vs ACIT (Madras High Court)

G. Victor Devasahayam Vs ACIT (Madras High Court) It is not disputed that sanction under Section 279 (1) of Income Tax Act is already been granted and sanctioned for the offence under Section 276(C)(1) and other offences. Since the expression unless the sanction had been already obtained for a prosecution on the same facts as […]...

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Transaction value cannot be rejected merely on the grounds that transaction is between the related persons

NPT Papers Pvt Ltd  Vs C.C. Mundra (CESTAT Ahmedabad)

NPT Papers Pvt Ltd  Vs C.C. Mundra (CESTAT Ahmedabad) It is well settled law that even if the foreign suppliers are related to indian importers the transaction value cannot be rejected on the grounds that a transaction is between the related person when identical or similar goods were sold at the same price to unrelated […]...

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ADG of DRI not a proper officer for issue of SCN as he has not assessed & cleared the goods

Commissioner of Customs (Export) Vs Reliance Industries Limited (Bombay High Court)

Commissioner of Customs (Export) Vs Reliance Industries Limited (Bombay High Court) The proper officer, to whom power is conferred by Section 28 of the said Act and other related provisions would necessarily mean the proper officer, who in the first instance, assessed and cleared the goods, i.e., Apprising Officer of Air Cargo Complex. Th...

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HC allows filing of application for revocation of cancellation of GST registration

Aarcity Builders Private Limited Vs Union of India (Punjab & Haryana High Court)

Aarcity Builders Private Limited Vs Union of India (Punjab & Haryana High Court) 1. By this batch of petitions, the petitioners have complained that their applications for revocation of cancellation of registration are not being considered/rejected on the ground that they have not been made within the time prescribed under Section 30 ...

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Writ Petition challenging GST order not maintainable as Alternative Statutory Remedy available

Ram Prasad Ganga Prasad Vs Assistant Commissioner (Calcutta High Court)

Ram Prasad Ganga Prasad Vs Assistant Commissioner (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order of adjudication dated 1st November, 2021 passed by the GST Authority concerned as appears at page 47 to the writ petition. Main ground of challenge of the impugned adjudication order by the petition...

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Compliance calendar for the month of January, 2022

Starting, owning, or doing a business in India comes with important compliance that a business irrespective of its structure, has to adhere to during a financial year. Be it filing of Income Tax Return or GST Return or complying with the ROC Annual filing, a business has to keep a close watch over the deadlines […]...

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Posted Under: Service Tax |

Last date for MEIS / SEIS / ROSCTL extended

As we all are aware that online E Com portal for filing of MEIS, SEIS, ROSL and ROSCTL scheme was not working for a long which was activated and an end date was provided to claim all such pending authorization upto 31 December 2021. Although, MEIS application for the period September to December 2020 was […]...

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Posted Under: Service Tax |

NARCL “The Bad Bank”

The Union Cabinet has approved government guarantee of Rs. 30,600 crore for Security Receipts issued by National Asset Reconstruction Company (NARCL) as part of bad debt resolution will be valid for five years. The Government of India incorporated two companies namely National Asset Reconstruction Company Ltd. (NARCL) and India Debt Resol...

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Posted Under: Service Tax |

GST in E-Commerce Industry

Introduction E – Commerce Industry is gaining its importance nowadays as lot of people prefer online shopping, booking hotels and any services through online due to its convenient usage and saving in time which is available in just click of a button. What about GST aspect in E – Commerce Industry? Let’s discuss this in […]...

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Posted Under: Service Tax |

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