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Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest

September 5, 2021 1158 Views 0 comment Print

Directorate General of GST Intelligence Vs Pankaj Agarwal (Jharkhand High Court) Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest Hon’ble High Court of Jharkhand by an order dated July 09, 2021, observed that section 69 read with section 70 of the Central Goods and Services Tax Act, […]

Patiala House Court denies bail to man charged with obtaining fraudulent ITC

September 5, 2021 1671 Views 0 comment Print

The Applicant is accused of procuring bogus bills from companies that did not exist in order to claim Input Tax Credit (ITC) and hence was taken into Judicial Custody (JC). The Applicant thereby has contended that the companies in question have ceased to manufacture goods but have not ceased to exist in entirety. Furthermore, the Applicant also contended that he was not provided with any reason or grounds before his arrest and hence, the Applicant is entitled to bail.

HC dismisses order which was based on half-baked, incomplete & internet acquired knowledge

September 5, 2021 9510 Views 0 comment Print

OPC Assets Solutions Pvt Ltd Vs State of Tripura (Tripura High Court) The order passed by the Superintendent and the approach that he has adopted is totally unsatisfactory. To begin with, the order reads more like a thesis in several fields of law in which he has tried to exhibit his half-baked, incomplete and internet […]

Genuinity of Transaction is to be proved by Assessee as mere Statutory Approvals doesn’t sanctify Transaction

September 4, 2021 939 Views 0 comment Print

The Revenue contended that the Appellant has not proved the genuinity and the credit worthiness of the Mauritius company and therefore, the entire share application money was treated as undisclosed income and added to the returned income by applying Section 68 of the Act.

Orissa HC exempts vessel from custom duty as notification cannot have retrospective application

September 4, 2021 1257 Views 0 comment Print

Petitioner’s imported vessels namely; ‘Jag Arnav’, ‘Jag Ratan’ and ‘Jag Rani’ were exempted from the payment of custom duty when they were first called in Indian Port. The Petitioner’s contention relied on the fact that the Exemption Notification 2012 which levied custom duty on imported vessels was passed after the import of their vessel and cannot have a retrospective application. Hence exempted the Petitioner from the payment of custom duty

GST 45th Council meeting on September 17, 2021 – Agenda

September 3, 2021 3903 Views 0 comment Print

The 45th meeting of Goods and Services Tax Council (“GST Council”) is scheduled to be held on September 17, 2021. The Ministry of Finance tweet dated September 01, 2021 stated that the GST Council meeting will be chaired by the Hon’ble Union Finance Minister Nirmala Sitharaman and will take place in Lucknow, Uttar Pradesh. The […]

Advertisement charges paid to non-resident company cannot be considered as royalty

September 3, 2021 27792 Views 0 comment Print

Payments made by the Applicant to the Non-resident Company cannot be considered as royalty payments and hence, it does not give rise any income chargeable in India under the Indian IT Act. Held that there is no requirement to deduct TDS under Section 195 of the IT Act.

Madras High Court sets aside order questioning effectiveness of E-Proceeding facility

September 3, 2021 1650 Views 0 comment Print

DCIT Vs Salem Sree Ramavilas Chit Company Private Limited (Madras High Court)  The Deputy Commissioner of Income Tax (Appellant) has filed the current appeal against Order W.P.No.1732 of 2020. dated February 04, 2020 on the ground that the Appellant was not provided with a hearing opportunity and that the Hon’ble High Court of Madras made […]

Bail denied to Petitioner for receiving bogus tax refunds

September 3, 2021 2163 Views 0 comment Print

In Rakesh Arora v. State of Punjab [CRM-M- 1511 OF 2021 dated January 28, 2021], the current bail application has been filed by Rakesh Arora (“the Petitioner”) having been arrested under Section 132 of the Central Goods and Services Tax Act, 2017 (“CGST Act”) who is allegedly involved in creating three bogus firms for availing […]

Taxability of “Appy Fizz” to be decided by Rajasthan HC

September 3, 2021 4725 Views 1 comment Print

current petition has been filed against the notices issued by Dy. Commissioner (State Tax) Circle – Anti Evasion & Anr. (Respondent) which treated the beverage ‘Appy Fizz’ as a non-alcoholic beverage under the heading of 2202 99 90 making it liable to 18% Goods and Services Tax (GST).

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