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Archive: 17 April 2023

Posts in 17 April 2023

Exemption from GST on Liquidated Damages: Arbitral Award & Mutual Agreement

April 17, 2023 5289 Views 0 comment Print

This article analyzes the arbitral award and mutual agreement, providing insights into the taxability of compensation without supply of goods or services under GST guidelines.

Immediate Re blocking of ITC Ledger after 1 year is Prima Facie Overreach of Rule 86A(2): Delhi HC [Read Order]

April 17, 2023 591 Views 0 comment Print

Namoshivai Apparels Pvt Ltd Vs Union of India & Ors (Delhi High Court) One of the questions that arises for consideration of this Court is whether the respondent can continue blocking the Input Tax Credit beyond the period of one year by unblocking if after the expiry of one year and immediately blocking it thereafter. […]

ITC Eligibility on Structural Support for Overhead Crane & Integrated Factory Building

April 17, 2023 4074 Views 0 comment Print

In re Coral Manufacturing Works India Private Limited (GST AAAR Tamilnadu) The GST AAAR Tamilnadu has recently delivered a ruling on a significant topic concerning the Input Tax Credit (ITC) in relation to structural support erected for overhead cranes within an ‘Integrated Factory’ building. The appeal case presented by Coral Manufacturing Works India Private Limited […]

Govt cannot recover Tax dues owed to them from Corporate Debtor accruing prior to transfer date

April 17, 2023 339 Views 0 comment Print

Electrosteel Steels Ltd. Vs Commr. of CGST & Central Excise (CESTAT Kolkata) All the dues including the statutory dues owed to the Central Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which […]

HC explains circumstances when bail already granted can be cancelled

April 17, 2023 1140 Views 0 comment Print

State of Madhya Pradesh Vs Sanjay Sharma (Madhya Pradesh HC) HC held that for cancelling the bail once granted the Court must consider whether any supervening circumstances have arisen or at the stage of post-grant of bail the conduct of accused demonstrate that it is no longer conducive to a fair trial to permit him […]

GST Registration cannot be cancelled for non-reply to SCN

April 17, 2023 1647 Views 0 comment Print

HC held that as order not assign any reason for cancelling GST registration and is passed only on the ground that reply to show cause notice is not given. Non-submission of reply to SCN cannot be a ground for cancellation of registration.

Sec. 263 revision to cancel non existing original assessment order is not tenable

April 17, 2023 1215 Views 0 comment Print

PCIT Vs Padma Kumar Jain (Jharkhand High Court) Section 263 revision initiated by CIT second time to cancelling non existing original assessment order isn’t tenable: PCIT v. Padma Kumar Jain – [2022] (Jharkhand) A search and seizure operation was conducted by the Assessing Officer (AO) in the business and residential premises of the assessee-individual. After […]

Gold wastage during creation of ornaments can’t be treated as ‘making charges’

April 17, 2023 3240 Views 0 comment Print

 Understand the intricacies of gold wastage in ornament creation and its tax implications in the case of P.R. Gold and Silver Craft v. DCIT. Delve into the Chennai Tribunals ruling on treating gold wastage as making charges and the applicability of TDS under Section 194C. Gain insights for your business.

Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use

April 17, 2023 906 Views 0 comment Print

Marvelore Mining & Allied Industries Pvt. Ltd. Vs ITO (ITAT Surat) Sec. 41(1) can’t be invoked for liability against purchase of defective machinery that was never put to use: Marvelore Mining & Allied Industries (P.) Ltd. v. ITO – [2023] (Surat-Trib.)  Assessee was a private limited company. It was engaged in the business of Calcium […]

Time-barred appeal should be allowed if it involves a substantial question of law

April 17, 2023 1227 Views 0 comment Print

Explore the Calcutta High Court’s decision in PCIT v. Soorajmul Nagarmull, emphasizing the allowance of time-barred appeals involving substantial questions of law. Gain insights into the case and its implications.

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