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Archive: 05 September 2022

Posts in 05 September 2022

Applicability of RTI Act to Govt Aided Educational Institutions run by societies – HC directs Commission to decide

September 5, 2022 2472 Views 0 comment Print

Whether the societies and the educational institutions (aided) run by the societies are subject to Right to Information Act, 2005?

Section 35FF provide interest from date of deposit till the date of refund

September 5, 2022 1887 Views 0 comment Print

Nakoda Ispat Ltd. Vs Commissioner of Customs (CESTAT Delhi) Division Bench of this Tribunal in Parle Agro Limited, wherein the amount was deposited during the stage of investigation/audit, this Tribunal have held that on being successful in appeal, interest is allowable under Section 35FF from the date of deposit till the date of refund. Further, […]

Bombay HC issues directions on filing of GST TRAN-1/revised GST TRAN-1

September 5, 2022 1791 Views 0 comment Print

Unichem Laboratories Limited Vs Union of India (Bombay High Court) (a) All Petitioners, through their respective units/offices registered under CGST Act and/or State Acts, as the case may be, can avail this window and file GST TRAN-1/revised GST TRAN-1 at the units/offices between 01.09.2022 to 31.10.2022 in terms of the Hon’ble Supreme Court’s order in […]

Canvat carry forward under GST regime cannot be denied for late payment

September 5, 2022 1059 Views 0 comment Print

Assistant Commissioner of GST & Central Excise Vs Ganges International Private Limited (Madras High Court) High Court held that carry forward of service tax eligible for CENVAT in erstwhile regime cannot be denied for late payment can be denied under GST due to Transitional Period and inability of the petitioner to claim through filing FORM GST […]

Validity of an order has to be adjudged on the basis of reasoning contained therein

September 5, 2022 597 Views 0 comment Print

Lupin Ltd Vs Union of India (Jammu & Kashmir High Court) Initially, the petitioner was declared to be eligible for exemption/budgetary support till 05.02.2023 but after the subsequent investigation, in view of the order dated 26.07.2021, the petitioner’s unit was found eligible for such benefit only upto 06.11.2017. Therefore, the claim of the petitioner for […]

Powers & Limitations of Commissioner of Income Tax (Appeal)

September 5, 2022 39045 Views 2 comments Print

An appeal is filed with the CIT(A) from Appealable Orders listed in Section 246A of the Act and the procedure in appeal before the CIT(A) and the powers of the CIT(A) are governed by Sections 250 and 251 of the Act respectively.

No violation of Anti-Profiteering if project commences on or after 01.07.2017

September 5, 2022 372 Views 0 comment Print

Applicant No. 1 had filed an application before the Andhra Pradesh State Screening Committee on Anti-Profiteering under Rule 128 of the CGST Rules,2017 and alleged that Respondent had not passed on the benefit of the input tax credit by way of commensurate reduction in price

Nandi Infratech guilty of Profiteering in its Project ‘Amaatra Homes’

September 5, 2022 5253 Views 0 comment Print

Vijay Pal Sing Vs Nandi Infratech Pvt. Ltd. (NAA) The Authority determines an amount or Rs. 7,28,05,691/- (including 12% GST) under section 133(1) as the profiteered amount by the Respondent from his 768 home buyers/shop buyers/customers which shall be refunded by him along with interest @18% thereon, from the date when the above amount was […]

Tata play guilty of profiteering of Rs. 225 crore in DTH services: NAA

September 5, 2022 1770 Views 0 comment Print

Applicant No. 1 alleging profiteering in respect of DTH (Direct to flume) Service supplied by the Respondent vide subscription ID No. 1088222136 in respect of payment of half yearly/annual subscription charges.

Panchshil Infrastructure guilty of profiteering in Panchshil Tower project

September 5, 2022 1668 Views 0 comment Print

Applicant No. 1 alleged that the Respondent has not passed on the benefit of ITC to him by way of commensurate reduction in the price on purchase of Apartment No. 503, Tower-E, from the Respondent in the Project Panchshil Towers situated at Kharadi, Pune on the introduction of GST w.e.f. 01.07.2017, in terms of Section 171 of the CGST Act, 2017.

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