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Only Profit element can be added to income, not sales amount

December 11, 2022 4647 Views 0 comment Print

ITAT held that in no case entire sales amount can be treated as income and only profit embedded should be treated as income for computation of income under Income Tax Act, 1961

Non-speaking order under GST is not valid: Calcutta HC

December 11, 2022 6669 Views 0 comment Print

Calcutta High Court in the case of Maxxcab Wires & Cables Pvt Ltd & Anr vs State Tax Officer held that the Non-speaking Order under Goods and Services Tax is not valid.

Mere E-Way Bill Expiry Does Not Establishes Intention to Evade Taxes

December 10, 2022 13218 Views 0 comment Print

Gujarat High Court in case of Shree Govind Alloys Pvt. Ltd. v. State of Gujarat held that mere expiry of e-way bill during transit of vehicle cannot be a valid ground for detention and seizure.

Custom broker is not responsible for overseeing correctness of documents issued by Government Authorities

December 10, 2022 1560 Views 0 comment Print

CESTAT held that custom brokers are not responsible for overseeing correctness of documents provided by client issued by government authorities for verification of exporters as per Regulation.

18% GST payable on works contract service of constructing warehouse & cold storage for Govt. entity which will be rented out

December 9, 2022 3405 Views 0 comment Print

Shree Constructions (GST AAR Telangana)18% GST is payable on works contract service of constructing warehouse and cold storage godown for Govt. entity which will be rented out

ITC of goods & services used for construction of a pipeline laid outside factory premises

December 9, 2022 10638 Views 0 comment Print

As per the explanation to Section 17, Plant and Machinery does not include a pipeline laid outside the factory premises. As a consequence, the ITC of goods and services used for construction of a pipeline laid outside the factory premises is not available in terms of Section 17(5) (c) and 17(5) (d) of the GST Act.

CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws

December 9, 2022 1824 Views 0 comment Print

Circular No. 643/34/2002-CX dated July 1, 2002, issued by CBEC clarifying the doubts regarding Valuation Rules with respect to goods when sold partly to related persons and partly to independent buyers, is not violative of Central Excise Act 1994 and Central Excise Valuation Rules 2000.

FIR cannot be registered in entry tax evasion cases in absence of provision under VAT Act

December 9, 2022 2796 Views 0 comment Print

HC held that in case of tax evasion, FIR cannot be registered as the VAT Act does not provide any provisions authorizing the same.

GST registration restored which was cancelled without due service of Show Cause Notice

December 9, 2022 1389 Views 0 comment Print

HC set aside order cancelling GST Registration on the grounds that SCN was not duly issued for cancellation of registration by State Tax Officer.

Notice is mandatory for physical verification of place of business under Rule 25 of CGST Rules, 2017

December 8, 2022 15555 Views 0 comment Print

Bimal Kothari Vs Assistant Commissioner (DSGST) & Ors (Delhi High court) The Hon’ble Delhi High Court (“the High Court”) in the case of M/s. Bimal Kothatri v. Assistant Commissioner (DSGST) & Ors. [(W.P.(C) 9207/2019 & CM No. 37947/2019] dated November 01, 2022, held that cancellation of GST registration is not sustainable when no notice was […]

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