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Archive: 18 April 2022

Posts in 18 April 2022

Fire Station cannot be considered a commercial building: AAR

April 18, 2022 1122 Views 0 comment Print

AAR hold that a fire station will be used for fire services function as envisaged in schedule twelfth of our Constitution and cannot be considered a commercial building.

CBIC: Why we celebrate the failures as success & crack poor jokes in GST

April 18, 2022 8325 Views 3 comments Print

Discover the CBIC perspective on celebrating failures as success & cracking poor jokes in GST. Uncover the truth behind managing a robust system.

Limited Liability Partnership and its Compliance Checklist

April 18, 2022 12717 Views 0 comment Print

Limited Liability Partnership (LLP) is a body corporate having legal entity and can hold property in its own name different from its partners. It is a hybrid of partnership and company form of organization. LLP has limited liability and perpetual succession.

Post import services was not a condition of sale in case the service contract had been closed prior to placing of order

April 18, 2022 2103 Views 0 comment Print

Arcil Catalyst Pvt Ltd Vs Commissioner of Customs (Import) (CESTAT Mumbai) Conclusion: Where the rendering of the contracted service was to be contingent on readiness of the facility and that the purchase order for the goods to be imported was issued much after those terms of the service agreement was finalized, the rendering of service […]

Residential Status of Individual – Base of Taxability in India

April 18, 2022 7533 Views 0 comment Print

Section 6 of the Income-tax Act [Residential Status] In order to determine the residential status under Income-tax Act, number of days of stay in India is to be calculated in previous year for which residential status is to be determined. Following are the scenarios in order to determine the primary residential status of an Individual: […]

Plea In SC challenging GST levy on lease rentals

April 18, 2022 3144 Views 1 comment Print

Myrayash Hotels Pvt. Ltd. Vs Union of India (Supreme Court) The plea challenges the constitutional validity of GST Levy on Lease/ Rental Payments. The Supreme Court of India has asked the petitioner(s) to serve an advance copy to the Additional Solicitor General to seek instructions in a plea challenging constitutional validity of levy of GST […]

Erroneous grant of refund and return of such refund amount- HC directs dept to re-credit/restore ITC in in electronic tax ledger

April 18, 2022 2853 Views 0 comment Print

I-Tech Plast India Pvt. Ltd. Vs State Of Gujarat (Gujarat High Court) In so far as the erroneous grant of refund and return of such refund amount together with interest by the writ-applicant is concerned, the same is undisputed. That being the case, the first part of the transaction is nullified inasmuch as the amount […]

Service Tax not payable on Notional Interest on Refundable Security Deposit

April 18, 2022 1020 Views 0 comment Print

Marwadi Shares & Finance Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) The dispute in the present appeals relates to service tax on interest free deposit amount collected by the Appellant from the demat account holders under the Scheme and in lieu of the same Appellant has not collected AMC charges. However, we find that the […]

HC directs dept. to complete delayed final GST assessment proceedings within 2 Months

April 18, 2022 594 Views 0 comment Print

Modern Syntex Vs Assistant Commissioner of CGST And Central Excise (Gujarat High Court) The grievance of the writ-applicant is that the final GST  assessment proceedings are yet to be undertaken. No final assessment order has been passed till this date. We have gone through the affidavit-in-reply filed on behalf of the respondents. We do not […]

Fraudulent Claim of ITC of ₹9.97 crores: HC grants Bail to Accused

April 18, 2022 780 Views 0 comment Print

The allegation against applicant is that he and a co-accused have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect.

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