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Delhi HC: IT Software should have been tested before it is launched

September 1, 2021 1224 Views 1 comment Print

Delhi HC: IT Software should have been tested prior in time on a sufficiently large sample base of assessees before it is launched for public at large In Krishan Agarwal Vs. PCIT  [W.P.(C) 3459/2021 & C.M.No.10489/2021, W.P.(C) 8371/2021& C.M.No.25917/2021, W.P.(C) 5513/2021, W.P.(C) 5583/2021 & CM APPL. 17357/2021 dated August 27, 2021],  the Hon’ble Delhi High […]

Tripura HC directed revenue to release vehicle detained due to expiry of E-way bill due to unforeseen circumstances

September 1, 2021 1377 Views 0 comment Print

Tripura High Court directed the Respondents to release the transport vehicle and machinery upon the Petitioner filing an undertaking that, if any tax or penalty liability is crystallized upon final assessment, the Petitioner shall deposit the same with the Government revenue.

SC dismissed SLP citing an alternative remedy of Appeal against Assessment Order

September 1, 2021 3741 Views 0 comment Print

Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) as alternative remedy of appeal against the Assessment order is available with the Petitioner.

Appeal can’t be dismissed for want of certified copy of order appealed against

September 1, 2021 5667 Views 0 comment Print

High Court of Orissa held that, mere delay in enclosing a certified copy of order appealed against along with the appeal should not be considered for rejecting the Appeal.

GST not leviable on amount collected from employees for canteen charges – Dramatic Interpretation of with colon (:) and semi colon (;)

September 1, 2021 2817 Views 0 comment Print

GST not leviable on amount collected from employees for canteen charges – Dramatic Interpretation of with colon (:) and semi colon (;) The Authority for Advance Ruling (AAR), Gujarat vide Ruling no. GUJ/GAAR/R/39/2021 dated July 30, 2021 held that, no GST is leviable on amount representing the employees portion of canteen charges, which is collected […]

Transitional Credit allowed on ground of technical glitch in GSTN

August 31, 2021 1389 Views 0 comment Print

Activities of GST are technology driven where the taxpayer has to go through various instructions to migrate, especially in the initial stage. Therefore, it becomes improbable to expect the transition to be smooth as claimed by the Revenue.

Supreme Court modifies High Court’s Order by granting appropriate authority to issue fresh SCN

August 31, 2021 2148 Views 0 comment Print

State of Jharkhand & Ors. Vs Bihar Sponge Iron Ltd. (Supreme Court) Current appeal has been filed against the Order SLP(C)No. 14956 of 2020 dated October 23, 2019 by the Hon’ble Jharkhand HIgh Court (Jharkhand HC) which quashed the Show Cause Notice (SCN) on the grounds of it violating Section 70(5)(b)  of  Jharkhand Value Added […]

DRI officers cannot issue show cause notices under Section 28(4) of Customs Act, 1962: SC

August 31, 2021 7098 Views 0 comment Print

Commissioner of Customs Vs Agarwal Metals And Alloys (Supreme Court) The present appeal has been filed by Commissioner of Customs, Kandla (Appellant) against the Order in Customs Appeal No. 11756 of 2019 dated February 13, 2020 by the Hon’ble CESTAT, Ahmedabad  which held that demands confirmed by the Appellant, confiscation of goods and penalties imposed […]

Subsidy paid by Government is deductible for arriving at taxable value for chargeability of GST

August 28, 2021 16812 Views 1 comment Print

The Applicant has sought clarification on the amount of subsidy to be reduced for arriving at taxable value of the solar system from the price declared by the Nodal Agency and whether the Goods and Services Tax (GST) liability would be on the taxable value calculated after subtracting the subsidy amount from the system price.

Delhi HC permits Salary payment from provisionally attached bank accounts

August 28, 2021 1926 Views 0 comment Print

SPNN Business Services Pvt. Ltd. Vs Commissioner of Central Tax (GST) (Delhi High Court) Hon’ble Delhi High Court directed the Revenue to permit the petitioner company to collect a sum of Rs. 2 crores from bank accounts provisionally attached by the GST Dept, to pay salaries of employees. Facts: The Commissioner of Central Tax (GST), […]

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