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Jharkhand HC quashes vague SCN on wrongful availment of ITC

October 19, 2021 12654 Views 0 comment Print

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN – Jharkhand High Court quashed the Show Cause Notice (SCN) in respect of wrongful availment of Input Tax Credit (ITC) as it was vogue, unclear and lacked serious details.

Share Transfer with no consideration chargeable to Income Tax

October 19, 2021 2700 Views 0 comment Print

ITAT Mumbai Bench ruled that Share Transfer without consideration or at a price lower than Fair Market Value (FMV) is chargeable to income tax.

HC orders CBI inquiry against erring officers of Customs & Anti-Evasion Unit

October 16, 2021 2496 Views 0 comment Print

Punjab HC initiated CBI enquiry to fix liability of erring Customs Department and Anti Evasion GST Units in respect of clearing of Consignment without making any entry.

HC took strong view against Carelessness by AO in Assessment

October 16, 2021 12102 Views 0 comment Print

HC has held that an assessment order passed by the Assessing Officer (AO) should necessarily be made with sound consideration and application of mind, and any absence thereof shall make the order liable to be set aside and would warrant imposition of substantial costs on such AO.

Custom Authority cannot insist for producing entire original VAT/ST challans if no deficiency memo

October 16, 2021 603 Views 0 comment Print

Aditya Chemicals Vs Commissioner of Customs (CESTAT Chennai) Production of original VAT or Sales Tax Challans not required for grant of SAD refund unless any deficiency memo is issued The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, Chennai (the CESTAT Chennai) in the case of M/s Aditya Chemicals v. Commissioner of Customs [Customs Appeal […]

SEZ entitled to refund under GST

October 14, 2021 7815 Views 0 comment Print

Section 54 of the CGST Act to ‘any person’ and would include the SEZ as well and accordingly, it shall be entitled to claim the refund of erroneously remitted tax.

HC makes scathing remarks against dept for not allowing filing of Form Trans-1

October 14, 2021 5175 Views 0 comment Print

HC directs Department is to open the portal and allow the Petitioner to file declaration in Form GST TRAN-1 and GST TRAN-2 so as to enable them to claim the transitional credit of the eligible duties in respect of the inputs held in stock on the appointed day in terms of Section 140(3) of the CGST Act.

E-way Bill not necessary for transporting personal effects including motor vehicles

October 14, 2021 8703 Views 1 comment Print

Hon’ble Kerala High Court in the current application observed that the motor vehicle was detained only on the ground of not having E-way Bill. Under Rule 138(14)(a) of the KGST Rules the goods classifiable as used, personal and household effect are exempted from the requirement of E-way Bill.

Allowability of freebies by Pharma Companies to Doctors; ITAT Mumbai refers matter to larger bench

October 14, 2021 3102 Views 0 comment Print

In this case ITAT Mumbai has recommended constitution of a larger bench to decide on whether expenditure for providing freebies to medical professionals can be allowed as a deduction in accordance with Section 37(1) of the Income Tax Act, 1961

Advance ruling cannot be obtained in respect of past & completed supply

October 14, 2021 2346 Views 0 comment Print

Mah AAR rejected the subject application as being non-maintainable as per Section 95 of the CGST Act because the Applicant has firstly raised questions as a recipient of services and secondly the questions are in respect of past and completed supply as on the date of the application and not a supply, which is being undertaken/proposed to be undertaken.

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