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IGST not payable on residential dwelling rented for the purpose of hostel

February 16, 2022 19503 Views 1 comment Print

HC held that the service provided by the petitioner i.e., leasing out residential premises as hostel to students and working professionals is covered under Entry 13 of Notification No.9/2017 dated 28.09.2017 namely ‘Services by way of renting of residential dwelling for use as residence’ issued under the Act. The petitioner is held entitled to benefit of exemption notification.

Service Tax not Applicable on Notice Pay Recoveries made from employees

February 13, 2022 4227 Views 0 comment Print

CESTAT Held that, no service tax is payable on notice pay in lieu of sudden termination, as it does not give rise to the rendition of service either by the employer or the employee, and compensation for failure under a contract cannot be consideration for service. Further held that such contract cannot be termed as declared service.

ST not leviable on supply of gensets for short period as it amounts to deemed sales

February 12, 2022 4047 Views 0 comment Print

Subhash Light House Vs Commissioner, Central Goods & Service Tax (CESTAT Delhi) ST not leviable on supply of gensets for short period as it is amounts to deemed sales The CESTAT, New Delhi in M/S Subhash Light House v. Commissioner, Central Goods & Service [Service Tax Appeal No. 50176 of 2019 Tax, Audit-II dated February […]

GST registration cannot be suspended for more than 2 months on the basis of SCN lacking any reason or fact

February 9, 2022 2766 Views 0 comment Print

HC quashed ’SCN’ issued by Revenue Department suspending GST registration of the assessee and directed to reissue a fresh SCN with all the relevant facts and reasons within a week’s time regarding. Further, directed the Revenue Department to restore the assessee’s GST registration and issue a practice direction so that in future, if any SCN for cancellation of GST registration is issued, the same is not bereft of any material particulars or reasons.

Assessment order cannot be issued without giving an opportunity of being heard and is against the principles of natural justice

February 9, 2022 8067 Views 0 comment Print

HC held that the Revenue Department cannot issue assessment orders without giving the assessee an opportunity of being heard and is against the principles of natural justice. Further, remanded back the matter to be heard as a fresh case.

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

February 4, 2022 14034 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 3585 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 30423 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 16419 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 35685 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 […]

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