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No GST should be levied on notice pay received from employees in lieu of notice period

January 13, 2021 23187 Views 2 comments Print

The Hon’ble Gujarat AAR, in the matter of M/s Amneal Pharmaceuticals Pvt. Ltd. [Advance Ruling No. GUJ/GAAR/R/51/2020, dated July 30, 2020] recently held that GST at the rate of 18% is applicable on recovery of notice pay from the employees who leave the company without completing the notice period as per the appointment letter. Facts: […]

Take appropriate decision on extension of due date of filing ITR & TAR by 12.01.2021: Gujarat HC to CBDT

January 10, 2021 4275 Views 2 comments Print

The Hon’ble High Court, Gujarat in the All Gujarat Federation of Tax Consultants v. Union of India [R/Special Civil Application No. 13653 of 2020 dated January 8, 2021] directed CBDT to take an appropriate decision for extension of the due date of filing income tax return (ITR) and Tax audit report (TAR) by January 12, […]

Disallowed rectification of tax invoice as not covered under Section 161 and Limitation Act not applicable to Special statute

January 9, 2021 1104 Views 0 comment Print

Disallowed rectification of tax invoice as not covered under Section 161 and Limitation Act not applicable to Special statute The Hon’ble Tripura High Court in M/s Kiran Enterprise v. The State of Tripura and Ors. [WP (C) No. 114 of 2020 dated December 17, 2020] rejected petition filed along with condonation of delay application for […]

Financial assistance received in lieu of services to be provided by Indian subsidiary company to holding company in Germany is a supply of service

January 8, 2021 1980 Views 0 comment Print

Financial assistance received in lieu of services to be provided by Indian subsidiary company to holding company in Germany is a supply of service The Hon’ble AAR Maharashtra in M/s. Prettl Automotive India Private Limited [Order No. GST-ARA-20/2019-20/B-59 dated December 15, 2020] held that financial assistance to be received by the Indian subsidiary is a […]

Confiscation Order quashed & reduced penalty from Rs. 19 Cr. to Rs. 10000

January 8, 2021 2583 Views 0 comment Print

The Hon’ble Allahabad High Court in M/S Metenere Ltd. v. Union of India and another [Writ Tax No. 360 of 2020 dated December 17, 2020] quashed the order of confiscation of 12,979 metric tonnes of stock, passed by the Additional Commissioner, GST & Central Excise, alleging duty evasion and reduced the penalty from INR 19,43,89,804/- […]

SC: Challenge Constitutional validity of CGST provisions before HC

January 7, 2021 5820 Views 0 comment Print

Supreme Court of India in Devendra Dwivedi vs Union of India & ors. [Writ Petition(s) (Criminal) No(s). 272/2020, dated January 7, 2021] dismissed writ petition under Article 32 of the Constitution of India, challenging constitutional validity of certain provisions of Central Goods and Services Tax Act, 2017

Supreme Court directed for installation of CCTV Systems at investigation agencies offices & police stations

January 4, 2021 4293 Views 0 comment Print

The Hon’ble Supreme Court in the case of Paramvir Singh Saini vs. Baljit Singh & Others [Special Leave Petition (Criminal) No. 3543 of 2020 dated December 2, 2020] directed installation of CCTV- Camera at investigation agencies offices and police stations. Facts: The Hon’ble SC vide Order dated April 3, 2018 in the case of Shafhi […]

Online Tests Scored after Human Intervention classifiable as an OIDAR Service

January 3, 2021 1983 Views 0 comment Print

The Hon’ble AAAR, Karnataka, in the matter of NCS Pearson Inc., [Order No. KAR/AAAR/07/2020-21 (dated, November 13, 2020)] held that, the scoring done by the human scorer is to be regarded as being within the realm of minimum human intervention. Sets aside AAR’s findings of disqualifying classification of a Type-3 test offered by the  M/s. […]

Important Changes in GST w.e.f. January 1, 2021

January 2, 2021 106260 Views 0 comment Print

We bring you the highlights of all important changes related to QRMP Scheme, E-invoicing, ITC availment, e-way bill, etc. under Central Goods and Services Tax Act, 2017 (CGST Act) and Central Goods and Services Tax Rules, 2017 (CGST Rules), effective from January 1, 2021, as below:  Notification No. Topic/Section/ Rules of CGST Act/ Rules Change […]

Best judgment assessment cannot be made for non-filing of GSTR-3B

December 30, 2020 2715 Views 0 comment Print

The Hon’ble Appellate Authority, GST, Andhra Pradesh, in the case of Omsai Professional Detective & Security Services Pvt. Ltd. [Order No. 5132 of 2020 (dated, March 16, 2020)] held that best judgment assessment under Section 62(1) of Central Goods and Services Tax Act, 2017 (“CGST Act”) cannot be made in respect of non-filers of returns […]

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