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Archive: 26 January 2023

Posts in 26 January 2023

Anti-profiteering: HC stays recovery of interest & penalty from NY Cinemas LLP

January 26, 2023 1437 Views 0 comment Print

High Court granted stay of recovery of interest and penalty however directed to deposit profiteered amount in instalments and also granted stay of notice expanding scope of anti-profiteering investigation

GST registration cannot be cancelled on mere statement of receptionist

January 26, 2023 1101 Views 0 comment Print

Where authority while cancelling GST registration solely relied upon statement made by receptionist of building who could not recognise appellant’s photograph, proper course was followed, therefore, matter was to be remanded to original authority for conducting fresh enquiry

e-bill expired without any fraudulent intent – HC Quashes Penalty order

January 26, 2023 3474 Views 0 comment Print

Orson Holdings Company Limited Vs Union of India (Gujarat High Court) 1. At the time of issuance of notice on 7.12.2018 in this petition which is filed under Article 226 of the Constitution of India, this Court has passed the following order: “1. This petition challenges the constitutional validity of rule 138(10) of the Central […]

Blocking of ITC under Rule 86A(3) & proceedings under Section 73/74

January 26, 2023 1962 Views 0 comment Print

It is pointed out to us that action of blocking under Rule 86A(3) is for period of one year. As regards one of the suppliers, account was blocked on 21 October 2021 and other suppliers it was on 14 March 2022.

Seizure of goods in transit allegedly for carrying fake invoice – HC directs owner of goods to approach competent authority

January 26, 2023 1668 Views 0 comment Print

It is sought to be submitted that no reason has been assigned for seizure of the goods and the reason assigned in the Form GST MOV-06 for seizure of the goods that the purchaser firm was not in existence and it was a fake sale and invoice, is absolutely false.

GST Registration cancellation: HC Quashes Appellate Authority order

January 26, 2023 1200 Views 0 comment Print

Siddharth Associates Vs State Tax Officer (Gujarat High Court) 1. The petitioner is before this Court seeking to challenge the action of the respondent authority essentially on two counts firstly, because the order of cancellation of registration is in breach of principle of natural justice being very cryptic and non-reasoned order and secondly, the appellate […]

Abuse of Dominant Position – Google vs CCI

January 26, 2023 5511 Views 1 comment Print

Explore the Google vs CCI case on Abuse of Dominant Position under Section 4(2)(a)(i) of the Competition Act, 2002. Understand how Google’s practices limited competition, entry barriers created, and the penalties imposed.

Section 80PA Deduction in Respect to certain Income of Producer Companies

January 26, 2023 7437 Views 0 comment Print

Explore the key details of Section 80PA Deduction, providing a 100% deduction for eligible businesses of Producer Companies. Understand the conditions, restrictions, and benefits for effective tax planning.

Conundrum of Taxing Secondment of Employees: Implication of Northern Operative Ruling on Direct Taxation

January 26, 2023 3855 Views 0 comment Print

Issue before Supreme Court was to decide who was the employer of the seconded employees during the term of their secondment. If the group companies are treated as the employer, then the services provided by them would be liable to tax, On the contrary, if the assessee is treated as the employer, then the amount paid to group companies would be treated as reimbursement on which service tax cannot be levied.

Explained: ITC restricted due to PoS rules

January 26, 2023 98928 Views 5 comments Print

Explore the complexities of Input Tax Credit (ITC) restrictions due to Place of Supply (PoS) rules in the recent GSTR3B form changes. Understand the impact on businesses and the need for careful compliance.

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