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No detention of goods & vehicle on value of goods being less than MRP

March 16, 2020 2232 Views 0 comment Print

Chhattisgarh High Court observed that, under valuation of a goods in the invoice cannot be a ground for detention of the goods and vehicle for a proceeding to be drawn under Section 129 of the Central Goods and Services Tax Act, 2017 (

HC dismiss 100% Budgetary support for area based exemption in post GST regime

March 13, 2020 1971 Views 0 comment Print

The Hon’ble HC, Delhi in the matter of M/s Hero Motocorp Ltd. v. Union of India & Ors. [W.P.(C) 505/2020 & CM APPL. 1328/2020 dated March 2, 2020] dismissed the writ petition seeking complete exemption by way of reimbursement of the amount of Central Goods and Service Tax (CGST) and/or Integrated Goods and Service Tax […]

AAAR: Breakwater is not ‘plant and machinery’ but a ‘civil structure’, not eligible for ITC

March 12, 2020 2610 Views 0 comment Print

The Hon’ble AAAR, Maharashtra in the matter of M/s Konkan LNG Private Limited [Order No. MAH/AAAR/SS-RJ/14/2019-20 dated November 6, 2019] upheld the decision of Hon’ble AAR, Maharashtra to disallow that Input Tax Credit (ITC) of taxes paid on breakwater wall construction which saves the jetty and cargo from high tide and forceful sea waves. Facts: […]

No GST on ‘Mobilization Advance’ received in Pre-GST Era

March 7, 2020 8271 Views 0 comment Print

Whether, the Applicant would be liable to pay GST, under the provisions of the CGST Act, 2017 and allied laws, on the instalments of the ‘Mobilization Advance’, which has transitioned into the GST regime and adjusted deducted by the Applicant post the implementation of GST (i.e. post July 1st, 2017)?

SC: Performance of Charitable Activity not Compulsory for Registration of New Trust u/s 12AA of IT Act

March 5, 2020 3117 Views 0 comment Print

Whether a newly formed trust is entitled for registration under Section 12AA of the IT Act, 1961 even if any activity has not been undertaken as yet?

SC dismisses SLP against HC order in Adfert case allowing to file/revise TRAN-1

March 4, 2020 11655 Views 0 comment Print

The Hon’ble Supreme Court in the matter of Union of India v. Adfert Technologies Pvt. Ltd. [SLP No. 4408 dated February 28, 2020] has rejected a Special leave Petition filed by the department against the order of the Hon’ble HC, Punjab and Haryana allowing the Respondent to carry forward unutilized pre-GST credit, noting that being […]

IGST refund allowed even if CG imported under EPCG Scheme for the period of 01.07.2017 to 12.10.2017

February 29, 2020 11379 Views 1 comment Print

IGST refund allowed even if CG imported under EPCG Scheme for the period of July 1, 2017 to October 12, 2017 The Hon’ble HC, Gujarat in the matter of M/S Prince Spintex Pvt Ltd v. Union of India [R/Special Civil Application No. 20756 of 2018 dated February 3, 2020] allowed refund of IGST paid on […]

HC: No Interest if IGST wrongly paid inadvertently as CGST

February 27, 2020 4056 Views 0 comment Print

The Hon’ble HC, Jharkhand in the matter of Shree Nanak Ferro Alloys Pvt. Ltd.  vs. Union of India [W.P.(T) No. 2246 of 2019 dated December 18, 2019] directed the Petitioner to deposit the amount of Rs. 41,98,642/-, under the Integrated Goods and Service Tax (“IGST”) head, towards the liability of September, 2017 and quashed the […]

Madras HC: GST Interest on Net Tax Liability

February 19, 2020 41364 Views 2 comments Print

Madras HC in its recent decision in the case of Refex Industries Limited v. Assistant Commissioner of CGST & Central Excise has held that interest u/s 50 of CGST Act can be levied only on belated ‘cash’ component of tax and not on ‘ITC’ component.

Rajasthan HC allows bail application of a CA upon furnishing of personal bond

February 14, 2020 1662 Views 0 comment Print

Hon’ble HC, Rajasthan in Paridhi Jain v. State [S.B. Criminal Miscellaneous Bail Application No. 742/2020, 48/2020 dated January 20, 2020] after considering the fact that fact that the Petitioner being a practising Chartered Accountant and a lady of 27 years is facing incarceration for last more than one month, allowed bail application on furnishing of a personal bond of Rs. 10,00,000/- each with two sureties of ₹ 10,00,000/- each with the stipulation to appear before that Court on all dates of hearing.

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