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GST: Supply of telecommunication services to local authority is taxable

January 21, 2023 3882 Views 0 comment Print

AAR ruled that the supply of telecommunication services to a local authority is a taxable service under Section 9(1) of Central Goods and Services Act, 2017

Borrower cannot escape from prosecution & criminal liability for dishonour of cheque

January 21, 2023 3765 Views 0 comment Print

Respondent, by way of rebuttal evidence has failed to probablize its defence to disprove statutory presumption available in favour of Appellant. Such failure has proved charge leveled against Respondent for offence under Section 138 of NI Act.

Integrated Desktop Computer cannot be classified as ‘portable device’

January 20, 2023 1425 Views 0 comment Print

Held that, such goods cannot be classified as ‘portable’ for the reasons that their dimensions make it illogical and unviable for daily transit and the same needs to be transported along with the power cable as well as the applicable stand if it is to be mounted. Further, the consumer is unable to carry them around in the absence of any protective case or any covering bags.

Security/ bank guarantee necessary for provisional release of confiscated goods before adjudication

January 20, 2023 3078 Views 0 comment Print

Whether the submission of bank guarantee for provisional release can be completely waived off if differential duty has been paid?

Opportunity of hearing to be provided before passing of any order by GST Authority

January 19, 2023 2271 Views 0 comment Print

Directed the Revenue Department to issue a physical notice to assessee apart from uploading it on GST Portal and provide reasonable opportunity to assessee to defend case.

Assessee allowed to rectify its GST Returns after the deadline

January 19, 2023 4536 Views 0 comment Print

HC permitted assessee to rectify its GST Returns filed for the months of September 2017 and March 2018, in order to claim ITC benefit by the recipient, wherein B2C was erroneously mentioned, instead of B2B. Held that, the assessee will be unnecessarily prejudiced if it is not allowed to avail the benefits of ITC.

No Service Tax on health care services provided by clinical establishments by engaging consultant doctors

January 19, 2023 1944 Views 0 comment Print

Held that, there is no legal justification to tax the share of clinical establishments on the ground that they have supported the commerce or business of doctors by providing infrastructure and such assertion is neither factually nor legally sustainable. Further held that, clinical establishments providing health care services are exempted from the levy of Service Tax

Order passed will have no effect in the eyes of law, unless digital signature is put by issuing authority

January 18, 2023 10398 Views 0 comment Print

HC held that where an Order of Cancellation of Registration under GST Act was uploaded on GST Portal without signature, limitation for filing appeal cannot start until signature is affixed on such order.

Cancelled GST registration can be restored upon fulfilment of conditions

January 17, 2023 3345 Views 1 comment Print

HC held that cancellation of GST Registration due to non-filing of returns can be revoked if assessee files pending returns and pays the taxes, fines, interest along with fee due.

Cancellation of GST Registration without proper explanation is not sustainable

January 17, 2023 1842 Views 0 comment Print

HC held that revocation of GST registration without any explanation and only reason that returns were filed late is not sustainable for cancellation of GST registration.

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