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No GST on canteen service charges collected from employees under contractual agreement

August 10, 2022 3060 Views 0 comment Print

GST leviable on contractual worker portion of canteen charges, which is collected by applicant and paid to Canteen service provider

Seriousness of Offence alone cannot be the basis for Granting Bail: Allahabad HC releases GST Accused from Custody after 5 Months

August 10, 2022 1581 Views 0 comment Print

HC granted bail to an Applicant involved in a trial relating to ITC fraud & held that seriousness of offences alone is not conclusive of Applicant’s entitlement to bail

Service Tax cannot be levied on antivirus software sold in CD: SC

August 9, 2022 3951 Views 0 comment Print

SC held that Service Tax cannot be levied again on antivirus software sold in Compact Disc even if free updates provided later on and also, artificial segregation of the transaction, into two parts is not tenable in law.

ITC denied if buyer having knowledge of investigation against supplier

August 9, 2022 840 Views 0 comment Print

HC held that tax liability imposed on assessee is valid as assessee was aware of transaction alleged as ineligible on which ITC was availed

Rejection of refund on flimsy grounds would defeat purpose of rebate schemes

August 8, 2022 1035 Views 0 comment Print

CESTAT held that rejection of refund claimed by exporter on flimsy grounds would defeat the purpose of rebate scheme and traps the exporters under unnecessary litigations.

GST: Rajasthan HC granted interim protection against arrest

August 6, 2022 843 Views 0 comment Print

HC has issued interim protection against arrest and directed the Petitioner to appear before the concerned authority in response to the summon received under Section 70 of the Central Goods and Services Tax Act, 2017

Goods cannot be seized from godown by invoking section 129 of CGST Act

August 6, 2022 3225 Views 0 comment Print

Mahavir Polyplast Pvt. Ltd. Vs State of U.P. (Allahabad High Court) The Hon’ble Allahabad High Court in Mahavir Polyplast Pvt. Ltd. v. the State of U.P. And 2 others [Writ Tax No. 57 of 2020 and Writ Tax No. 58 of 2020 dated August 6, 2022] quashed the orders of the GST officials for seizing […]

SEIS benefits cannot be denied for not having IEC registration at the time of export

August 4, 2022 7290 Views 0 comment Print

Smarte Solutions Pvt. Ltd. Vs Union of India (Bombay High Court) The Hon’ble High Court, Bombay in the matter of M/s Smarte Solutions Pvt. Ltd v. Union of India [Writ Petition no. 503/2021 dated July 27, 2022] directed the department to consider the application for Services Export from India Scheme (“SEIS”) benefits on the ground […]

GST registration cannot be rejected by cryptic & non-speaking order

August 4, 2022 1842 Views 0 comment Print

B.C.Mohankumar Vs Superintendent of Central Goods & Service Tax (Madras High Court) Order for non-granting GST registration must be a speaking order The Hon’ble Madras High Court in the matter of M/s B.C. Mohan Kumar v Superintendent of Central Goods & Service Tax [W.P. No. 13272 and WMP. Nos. 12569 & 12571 dated June 16, […]

GST on Restaurant Services through Zomato, Swiggy, etc. & Reporting in GSTR-3B

August 3, 2022 85878 Views 2 comments Print

Earlier, restaurant  was liable to pay GST on their restaurant services  but, w.e.f  January 01, 2022, GST  on restaurant services supplied through the ECO viz. Zomato and Swiggy, etc., is to be  paid by the ECO in cash at the rate of 5% and no Input Tax Credit

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