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Archive: 18 October 2022

Posts in 18 October 2022

Section 195 doesn’t apply once nature of payment determined as salary and TDS deducted u/s 192

October 18, 2022 1809 Views 0 comment Print

Delhi High Court held that section 195 of the Act has no application once the nature of payment is determined as salary and deduction has been made under Section 192 of the Act.

Adverse order passed under GST without opportunity of personal hearing is liable to be set aside

October 18, 2022 2163 Views 0 comment Print

Hitech Sweet Water Technologies Pvt. Ltd Vs State of Gujarat (Gujarat High Court) Challenge to the orders and preceding show-cause notices are based on the ground that the order came to be passed in gross violation of principles of natural justice inasmuch as the petitioner was not granted opportunity of being heard. By placing reliance […]

No limitation on claim of service tax refund under transitional GST provisions

October 18, 2022 1545 Views 0 comment Print

OSI Systems Pvt Ltd Vs Commissioner of Central Tax (CESTAT Hyderabad) The brief facts are that the appellant was an assessee under the service tax regime and they migrated to GST regime and they also filed TRAN-1 for taking forward the credit which was lying in their Cenvat credit register. Subsequently, it was pointed out […]

Ignorance of additional evidence and submission is patently and legally wrong

October 18, 2022 1134 Views 0 comment Print

ITAT Chandigarh held that Ld. NFAC ignoring the submissions and the documents being sought to be filed as additional evidences and dismissal of assessees appeal without even commenting on the submissions or the documents is patently and legally wrong.

HC upheld denial of CST exemption on sale to merchant exporter

October 18, 2022 612 Views 0 comment Print

Azam Laminators (P) Limited Vs Commercial Tax Officer (Madras High Court) The specific case of the petitioner is that the petitioner had effected sale of M.G. Plain Kraft Paper to a merchant exporter, who, in turn had received a purchase order from a buyer from Kuala Lumpur, Malaysia for Parcel Leaf Size and that the […]

Geomembrane merits classification at HSN 5911, tariff item 59111000

October 18, 2022 2418 Views 0 comment Print

In re Shree Ambica Geotex Pvt. Ltd (GST AAR Gujarat) The applicant, engaged in the manufacture and sale of textile products including Geomembranes, sought an advance ruling on the correct GST classification of its product. The primary issue was whether Geomembranes should be classified under Heading 5911, Sub-heading 59111000 as textile products for technical use, […]

No GST on recovery of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement

October 18, 2022 6273 Views 0 comment Print

AAR Haryana held that Recoveries On Account Of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement As Well As The Liquidated Damages & Forfeiture Of Earnest Money and Security Deposit Not Taxable Under GST. 

TDS under Section 194N: An Insight

October 18, 2022 5727 Views 0 comment Print

Applicability of TDS under Section 194N: Whenever any Banking Company (within the meaning of Banking Regulation Act, 1949), Cooperative Bank or a post office pays any amount or aggregate of amount as the case may be, in cash exceeding One crore to any person from one or more accounts during previous year, they are liable to deduct TDS equal to 2% of such sum.

E-Way Bill – GST Authority Vs Judiciary

October 18, 2022 6495 Views 0 comment Print

Explore the clash between the GST Authority and the Judiciary in matters of e-way bills. Discover the irregularities in detention orders and their impact on businesses.

Need to remove GST Rule 37 Amendment from 01.10.2022

October 18, 2022 16608 Views 0 comment Print

GST Rule 37 relates to Reversal of input tax credit in the case of non-payment of consideration of Invoice by a registered dealer to the supplier within 180 days period. 

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