"26 January 2023" Archive

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

Ny Cinemas Llp Vs Union of India & Ors (Delhi High Court)

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...

Read More

GST registration cannot be cancelled on mere statement of receptionist

Rohit Varma Vs Assistant Commissioner (Calcutta High Court)

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...

Read More

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

Orson Holdings Company Limited Vs Union of India (Gujarat High Court)

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 [&h...

Read More

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

Jai Matadi Enterprises Vs Commissioner of State Tax and Ors (Bombay High Court)

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....

Read More

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

Shiv Scrap Sales Vs State of U.P. and Another (Allahabad High Court)

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....

Read More

GST Registration cancellation: HC Quashes Appellate Authority order

Siddharth Associates Vs State Tax Officer (Gujarat High Court)

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 se...

Read More

Abuse of Dominant Position – Google vs CCI

Google has been accused of ‘Abuse of Dominant Position’ as per Section 4(2)(a)(i) of Competition Act, 2002 (Act) in the case of  Umar Javeed Vs Google LLC (Competition Commission of India).  Section 4(2)(a)(i) of the Act reads as follows- Abuse of dominant position- (2) There shall be an abuse of dominant position under sub-...

Read More

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

Analysis of Section 80PA Deduction in Respect to Certain Income of Producer Companies: 1. Eligible businesses eligible for 100% deduction from the gross total income of the producer company include marketing of agricultural produce grown by members, purchase of agricultural implements, seeds, livestock or other articles intended for agric...

Read More

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

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 wou...

Read More

Explained: ITC restricted due to PoS rules

As you are aware that the GSTR3B form was recently modified with reclassification of tables in ITC Section. Now Table 4(D)(2) is for Ineligible ITC under section 16(4) & ITC restricted due to PoS rules Here we need to declare the values of ineligible under two categories: a. ITC not availed because of time limit […]...

Read More

Search Posts by Date

April 2023