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GST Authority cannot detain goods/conveyance in transit for non-payment of tax by other person in supply chain

February 4, 2022 13935 Views 0 comment Print

Punjab & Haryana HC quashed the detention order and notice issued under Section 130 of the CGST Act, whereby the Petitioner’s goods were seized by the Authorities for the non-payment of tax by the supplier of goods.

CENVAT credit cannot be denied due to invoice issued in the name of head office having with centralised registration

February 3, 2022 3534 Views 0 comment Print

CENVAT credit cannot be denied due to the reason that the invoices were issued in the name of head offices with centralised registration. The purpose of taking centralized registration is to help the manufacturer for availment of credit as well as distribution of credit.

Key Changes under GST in Union Budget 2022

February 2, 2022 30345 Views 0 comment Print

GST has been a landmark reform of Independent India showcasing the spirit of Cooperative Federalism. While aspirations were high, there were huge challenges too. These challenges were overcome deftly and painstakingly under the guidance and oversight of the GST Council. The right balance between facilitation and enforcement has engendered significantly better compliance. GST revenues are […]

Key Changes under Customs & Excise in Union Budget 2022

February 2, 2022 16329 Views 0 comment Print

The Finance Minister has introduced the Finance Bill, 2022 in Lok Sabha today, that is 1st February, 2022. Changes in Customs, Central Excise, GST law and rates have been proposed through the Finance Bill, 2022. To prescribe effective rates of duty, following notifications are being issued: Notification /Circular Nos. Date Customs (Tariff) 02/2022-Customs to 15/2022-Customs […]

Key Changes under Income Tax Law in Union Budget 2022

February 2, 2022 35604 Views 0 comment Print

Key Highlights of Union Budget 2022 – Changes under the Income Tax Law Following amendments have been proposed under Income Tax Laws in the Finance Bill, 2022 vide Clause 2 to 84 which shall be effective from April 01, 2022 as per Clause 1(2)(a) of the Finance Bill, 2022: 1. Levy of surcharge @ 12% in […]

Service tax not payable on donations received from members of trust for advancement of yoga

February 1, 2022 1608 Views 0 comment Print

Held that, service tax will not be levied on the donations received by a trust from its members and on freight charges paid towards the activity of advancement of yoga. Further held that, activities can’t be covered under Goods and Transport Agency Service where consignment notes have not been issued.

Limitation Period Not Applicable to refund of Service Tax Paid Mistakenly

February 1, 2022 3057 Views 0 comment Print

CESTAT find that service tax was not leviable on the services provided by the appellants, which was paid by mistake by the appellants, thus, it will be treated as deposit, ipso facto, and are entitled for refund. Limitation u/s 11B will not be applicable as the amount deposited is not tax and, at best, revenue deposit.

GST Evasion Case: Accused cannot be Detained in Custody Indefinitely- SC

February 1, 2022 4335 Views 0 comment Print

SC is of the view that appellant cannot be indefinitely detained in custody more so having already spent almost 50% of possible maximum sentence in alleged GST Evasion case of Rs. 64Cr.

GST payable on membership/ subscription fee received from members of a club

January 31, 2022 64299 Views 1 comment Print

AAR held that, club of membership association and its members are distinct persons and the membership/ subscription fee, and annual fee, received from its members are consideration for supply of goods/services as a separate entity covered by the scope of the term ‘business’ and, thus, principle of mutuality is not applicable. Hence, GST would be payable on amounts received from club members.

HC directs ICAI Disciplinary Authority to conduct a fresh enquiry into complain with an unbiased behaviour

January 31, 2022 2913 Views 0 comment Print

HC quashed the decision of Disciplinary Board of the ICAI against the Chartered Accountant alleged of committing of misconduct. Held that, the complaint filed is undoubtedly incomplete and cannot be relied upon and was not enquired properly and by following the established principles of law. Further, held that complaints made to the Disciplinary Authority shall be enquired in all aspects with an unbiased behaviour before passing an order and the reasons for forming any opinion is of paramount importance in an enquiry proceedings.

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