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Power to extend period to be exercised before expiry of original limitation period

July 29, 2021 2589 Views 0 comment Print

Cobra Instalaciones Y Servicios, S.A. Vs Commissioner of Sales Tax (Orissa High Court)  M/s Cobra Instalaciones Y Servicios (Petitioner) challenged an assessment order dated May 15, 2013 (Assessment Order) passed under Section 42 of the Odisha Value Added Tax Act, 2004 (OVAT Act) for being passed beyond the period of limitation i.e. after lapse of […]

Papad is not limited to traditional round shape but can be of any desired shape & size

July 28, 2021 1098 Views 0 comment Print

Impugned goods have all the characteristics and ingredients of Papad. Traditionally Papad were made manually in round shape however, due to advancement in technology, Papad does not limit to same age old traditional round shaped Papad but can be in any desired shape and size. Thus, Impugned goods are classifiable under HSN 19059040.

Amendment in TN VAT Act for rectification of an anomaly is retrospective: HC

July 28, 2021 3822 Views 0 comment Print

The Petitioner contended that the amendment was effected by way of rectification of an anomaly and therefore, it cannot be construed as a new policy. Thus, the benefit of ITC granted pursuant to the amendment is to be extended so as to cover the transactions took place prior to the insertion of the amendment.

Granted bail on medical grounds to a person accused of misusing public funds & reinvesting the same in other businesses

July 28, 2021 11385 Views 0 comment Print

Sri Nanjundaiah Vs Union of India (Karnataka High Court) Sri Nanjundaiah (Petitioner), the founder of Kanva Souhardha Co-operative Credit Limited (Society) has filed the Bail Application in Special Criminal Case No.846/2020 registered by the Directorate of Enforcement (Respondent) for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (PML Act). […]

One-to-one correlation between output & input service not required for claiming refund

July 28, 2021 4032 Views 0 comment Print

CESTAT held that, there is no need to establish one-to-one correlation between output service exported and input service used in such services.

No Service Tax on liquidated damages recovered for not adhering to time limits mentioned in contract

July 26, 2021 4083 Views 0 comment Print

CESTAT held that, no service tax is to be imposed on liquidated damages recovered for not adhering to time limits mentioned in the contract as the same would not be covered in ‘Declared Services’ mentioned under Section 66E(e) of the Finance Act, 1994

GST payable at the time of transfer of possession/ rights in the building to person supplying development rights

July 26, 2021 2529 Views 0 comment Print

GST payable at the time of transfer of possession/ rights in the building to person supplying development rights In Re: M/s. Vajra Infracorp India Private Limited [TSAAR Order No.03/2021 decided on July 19, 2021] wherein the assesee is provider of taxable services of construction of residential complexes. The assessee entered into a supplementary agreement with […]

GTA Services: Carting Challan is not equivalent to consignment note

July 26, 2021 2967 Views 1 comment Print

Hon’ble CESTAT, Delhi observed that Carting Challan is not equivalent to a Consignment note. Carting Challan is only for internal control of forest department whereas a Consignment Note is a negotiable instrument in which the transporter is bound to deliver the goods to a bonafide holder of title.

Company entitled to refund of Cenvat credit lying in Cenvat credit account on closure of business

July 25, 2021 5511 Views 0 comment Print

Appellant is entitled to refund of the amount of Cenvat Credit lying in their Cenvat Credit account on closure of business along with interest.

No service tax on amount paid to employees deployed from a company outside India

July 25, 2021 3330 Views 0 comment Print

Under the GST regime services of employee to employer is considered as neither supply of goods nor supply of services as per the Schedule III of the Central Goods and Services Tax Act, 2017

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