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Archive: January, 2023

Posts in January, 2023

GST registration cannot be cancelled without Application of mind by department

January 28, 2023 2040 Views 0 comment Print

There should be application of mind by Revenue Department while passing orders, cancelling GST Registration be it physical or auto-generated.

GST: HC Grants bail as accused was co-operating & proceeding u/s 74 of CGST Act was pending

January 28, 2023 1650 Views 0 comment Print

Pradeep Jain Vs State of U.P (Allahabad High Court) It is submitted by learned counsel for the applicant that proceeding u/s 74 of CGST Act is still pending, he is cooperating with the investigation/enquiry and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 22.03.2021 by the Coordinate Bench of […]

HC directs GST dept to lift garnishee order & bank attachment as appellant paid mandatory pre-deposit

January 28, 2023 1740 Views 0 comment Print

Kajal Dutta Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate appearing for the appellant submitted that garnishee proceedings have been initiated by the authorities by way of attachment of the appellant’s bank When the appeal was presented, the mandatory pre-deposit of 10% of the disputed tax has been complied with by […]

Entire project cannot be stalled for dispute in respect of small part of project

January 28, 2023 1572 Views 0 comment Print

Supreme Court ruling: Disputes affecting only a fraction of a project should not halt the entire venture. Explore the legal perspective on Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah. Learn about the principles guiding court orders in such matters.

Seizure of Goods: HC directs appellant to file application before AO for relief under Section 129(1)(a)

January 28, 2023 918 Views 0 comment Print

Surojit Das Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate for the appellant would submit that in terms of Section 129(1)9a) of WBGST /CGST Act, the appellant can seek  for release of the goods without prejudice to the rights and contentions of either parties. In fact, the learned Single Bench in […]

Value of seized goods cannot be determined in a writ proceedings

January 28, 2023 738 Views 0 comment Print

Whether value of seized goods/bundles were valued between Rs. 4500 -5000 per bundle or Rs .20,000/- cannot be determined in a writ proceedings

A Journey Through Time: The Evolution of Companies Act in India

January 28, 2023 12714 Views 0 comment Print

Embark on a journey through time as we explore the evolution of the Companies Act in India. From its inception in 1866 to the latest iteration in 2013, discover the key features, changes, and impact on the business landscape.

TDS under Section 194M on Payment to Resident Contractors & Professionals

January 28, 2023 7497 Views 0 comment Print

Unravel the complexities of TDS under Section 194M on payments to resident contractors and professionals. Learn about the nature of payments, liability, rates, and reporting requirements. Stay compliant with the latest tax regulations.

Assessment order passed in the name of non-existing entity is null & void ab initio

January 28, 2023 2532 Views 0 comment Print

DCIT Vs Barclays Global Service Centre Private Limited (ITAT Pune) The issue that arises for our consideration is whether or not an assessment order passed in the name of amalgamating company i.e. non-existing company, is valid in the eyes of law. There is no dispute about the fact that the factum of amalgamation was put […]

Interest on delayed Income Tax/TDS/GST/any statutory payment: when allowed as a deduction

January 28, 2023 71493 Views 0 comment Print

Explore the nuances of claiming deductions for interest on delayed Income Tax, TDS, GST, and other statutory payments under section 37(1). Understand the legal perspectives and recent judgments on the allowability of such deductions. Stay informed to make informed financial decisions.

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