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Archive: January, 2023

Posts in January, 2023

Penalty u/s 271(1)(c) not leviable as tax assessed is equal to TDS deducted

January 2, 2023 3519 Views 0 comment Print

ITAT Chandigarh held that as tax finally assessed would be equal to the tax deducted at source and hence there is no basis for levy of penalty u/s 271(1)(c) of the Income Tax Act.

Resolving Conundrum Surrounding Applicability of Moratorium under Section14(1)(a) of IBC

January 2, 2023 3318 Views 1 comment Print

Uncovering the mystery around the applicability of Moratorium as laid out in Section 14(1)(a) of the IBC, 2016- An insight on the legal battle surrounding it.

Cancellation of GST Registration Without Specifying Reasons is against Principles of Natural Justice

January 2, 2023 900 Views 0 comment Print

HC held that SCN that does not contain reason to justify cancellation of registration therefore, is violative of principles of natural justice and needs to be quashed.

Dealer cannot be compelled to carry forward ITC to GST regime instead of refund

January 2, 2023 1170 Views 0 comment Print

HC held that dealers cannot be compelled to carry forward ITC from extant regime to the Goods and Services Tax regime if the dealer chooses to avail refund instead.

No case of alleged offence under Section 132(1)(a) of CGST Act is made out -HC Grants bail

January 2, 2023 1857 Views 0 comment Print

Hitesh Gaurishankar Patel Vs State of Gujarat (Gujarat High Court) 1. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with Arrest Memo No.CBIC-DIN-20220764WU000000DE16 dated 19/07/2022 by the Inspector (A.E.), CGST, Gandhingar for the offence punishable under Section 132(1)(a), 132(1)(i) read with Section 137 of the […]

HC directs govt to appoint presiding officer in DRT to ensure speedy justice

January 2, 2023 1905 Views 0 comment Print

Nipun Praveen Singhvi Vs Union of India (Gujarat High Court) Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training Secretariat of the Appointments Committee of the Cabinet issued a notification dated 20.2.2022, whereby decision in respect of appointments approved by the Committee of Cabinet for filling up the posts of Presiding Officers […]

No duty demand in absence of mala fide intention to send semi-finished product to hired premises

January 2, 2023 327 Views 0 comment Print

CESTAT Kolkata held that duty cannot be levied in absence of evidence proving that semi-finished products is sent to the hired premises with mala fide intention of the appellant.

Monthly GST revenues more than Rs 1.4 lakh crore for 10 straight months in a row

January 2, 2023 858 Views 0 comment Print

The gross GST revenue collected during December 2022 is Rs 1,49,507 crore, of which CGST is Rs 26,711 crore, SGST is Rs 33,357 crore, IGST is Rs 78,434 crore (including Rs 40,263 crore collected on import of goods) and Cess is Rs 11,005 crore (including Rs 850 crore collected on import of goods).

Dream 11’s fantasy sports not falls within the activity of gambling

January 2, 2023 1830 Views 0 comment Print

Varun Gumber Vs Union Territory of Chandigarh (Punjab & Haryana High Court) It has been found that horse racing like foot racing, boat racing, football and baseball is a game of skill and judgment and not a game of chance. The aforementioned finding squarely applies to the present case. Even from the submissions and contentions […]

Dream 11 game not falls within the ambit of gambling/betting

January 2, 2023 3282 Views 0 comment Print

The petitioner has submitted that public in general are cheated in the name of Dream 11 game and people become culprit of gambling and betting without having the proper knowledge of law.

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