"06 March 2022" Archive - Page 3

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

Saurabh Mittal Vs Union of India (Delhi High Court)

Summons for appearance issued under Section 70 of the CGST Act and the authorization for arrest issued under Section 69 (1) of the CGST Act, do not fall within the ambit of the definition of Criminal Proceedings, because criminal proceeding commences, only after the launch of prosecution. It...

Branch Profits Tax

Generally speaking, Branch Profit Tax is a tax imposed on effectively connected earnings / income of a branch (or entity) in a contracting state (country, in common parlance) of a foreign entity when those earnings are repatriated, or deemed repatriated, to the home country of such foreign entity. Currently, there is no concept of additio...

ई- इन्वोइसिंग क्या है कब लागू है और इससे जुड़े महत्वपूर्ण सवाल- सरल भाषा में

ई – इन्वोइसिंग- अब  1 अप्रैल 2022 से 20 करोड़ की सप्लाई पर लागू कर दिया है तो आप मान कर चलिए कि ई – इन्वोइसिंग अब सेवा  और व्यापार  के बहुत बड़...

Exporter arrested for GST fraud

The officers of Anti Evasion wing of Thane CGST Commissionerate of Mumbai zone have arrested an exporter who is Director of a Private Limited Company, for fraudulently claiming GST Input Tax Credit (ITC) of Rs. 15.26 Crore. This ITC was claimed on the basis of bogus invoices of  Rs. 85 Crore issued by the fake […]...

Consideration for accessing Database cannot be treated as Royalty

Dow Jones & Company Inc. Vs ACIT (ITAT Delhi)

Dow Jones & Company Inc. Vs ACIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. In the case of a book, the publisher of […]...

Pre-show-cause notice consultation not Mandatory but Directory & Discretionary

Jagdish Das Vs Union of India(Calcutta High Court)

Jagdish Das Vs Union of India (Calcutta High Court) Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-cum-demand notice dated 23rd April, 2021 issued by the CGST Authority concerned on the ground that the same was issued without issuing pre-show cause notice consult...

Post export conversion/amendment of Shipping Bill/Bill of Export based on instrument after export of goods

Where an instrument issued to a person has been obtained by him by means of fraud/collusion and such instrument is utilised by a person other than the person to whom the instrument was issued (i.e. transferee/holder of duty credit in case of transferable scrip), the duty relatable to such utilisation of instrument shall be deemed never to...

RBI Monetary Policy and Central Bank Communication

Central banks remain at the heart of modern monetary and financial systems. They have several instruments at their disposal to carry out their wide-ranging mandate which includes monetary policy as the prime tool to achieve macroeconomic stability....

Cenvat Credit on repair & maintenance of windmill located outside factory premises allowable

Swiss Glascoate Equipments Vs C.C.E. & S.T. (CESTAT Ahmedabad)

Swiss Glascoate Equipments Vs C.C.E. & S.T. (CESTAT Ahmedabad) The issue involved is whether the appellant is entitled for Cenvat Credit in respect of repair and maintenance of wind mill which is located outside the factory premises. Both the lower authorities have denied the Cenvat Credit on the ground that the wind mill is located [...

HC quashes order passed without providing documents relied & by denying cross-examination of witnesses

Sunil Kumar Mitra Vs Union of India (Calcutta High Court)

Sunil Kumar Mitra Vs Union of India (Calcutta High Court) Considering the submission of the parties and admitted position which appears from record, I am of the view that in this case there was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid […]...

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September 2023