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Income Tax Refund cannot be adjusted in excess of 20% of Disputed Demand: Delhi HC

August 13, 2021 1800 Views 0 comment Print

In Eko India Financial Services (P) Limited vs Assistant Commissioner of Income Tax in W.P.(C) 5819/2021 dated August 03, 2021 the Hon’ble Delhi High Court directed the Revenue (Respondents) to refund the amount adjusted in excess of 20% of the disputed demand for the Assessment Year (AY). Fact: Eko India Financial Services (P) Limited (Petitioner) […]

Presumption of Retrospectivity cannot be implied by new clarifications in existing tax law

August 13, 2021 2148 Views 0 comment Print

In M.M. Aqua Technologies Ltd. Vs. CIT [CIVIL APPEAL NOS.4742-4743 OF 2021 dated August 11, 2021], the issue raised in the appeal is with respect to Section 43B Explanation 3C of the Income Tax Act, 1961 (IT Act) when a claim of deduction filed by  M.M. Aqua Technologies Limited (Appellant) under Section 43B, which was […]

NCLT has sole Jurisdiction in handling matters of Insolvency of Corporate Debtor

August 13, 2021 864 Views 0 comment Print

In M/s. Kotak Mahindra Bank Limited v. K. Bharathi and Ors [W.P.No.12957 of 2021 dated August 5, 2021], the petition has been filed under the writ of Mandamus directing the Hon’ble National Company Law Tribunal, Chennai (NCLT) to dispose of the application filed by M/s. Kotak Mahindra Bank Limited (the Petitioner) in MA No.538 of […]

Advance Ruling cannot be provided in absence of necessary & requisite details

August 13, 2021 801 Views 0 comment Print

In Shri Kottoor Mathew Jose Mathew, M/s. Jose Matthew and Co. [Advance Ruling No. KER/123/2021 dated May 31, 2021], Shri Kottoor Mathew Jose Mathew (Applicant) has sought an advance ruling on the following issues: Whether there lies any tax liability on the discount received through credit notes. Consequences of treating credit notes after showing Goods […]

Importer not liable for error in generation of Bill of Entry on ICEGATE Portal

August 13, 2021 4704 Views 0 comment Print

Principal Commissioner of Customs Vs M. D. Overseas Limited (CESTAT Delhi) In this case Commissioner of Customs (Appeals) had set aside the Assessment Order (AO) passed on the three Bills of Entry (BoE) with a further direction for re-assessment of the rate of Basic Customs Duty applicable on the given BoE to the Department. M/s M. […]

Seized goods to be provisionally released during pendency of proceedings before Adjudicating Authority

August 12, 2021 2889 Views 0 comment Print

HC directed the Adjudicating Authority to consider the prayers of provisional release of seized goods of the assessee, during the pendency of the proceedings under the Section 124 of the Customs Act, 1962.

Services received from overseas commission agent is not chargeable to GST under RCM as place of supply is outside India

August 12, 2021 24972 Views 0 comment Print

The Hon’ble Uttarakhand Authority for Advance Rulings (UAAR), in the matter of M/s. Midas Foods (P.) Ltd. [Application No. 05 of 2020-21 dated October 15, 2020], held that Overseas Commission Agent is covered within the definition of the term ‘intermediary’ under Section 2(13) of the Integrated Goods and Services Tax Act, 2017 (the IGST Act). […]

GST leviable on Private Coaching Institutes imparting education to CA, CS, CMA etc

August 12, 2021 5553 Views 0 comment Print

AAAR held that the private coaching institutions imparting education to students facilitating them to obtain qualification like CA,CS, CMA etc., are not covered under the definition of ‘educational institution’ in para 2(y) of the Services Exemption Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017 and hence not eligible to exemption under CGST Act.

GST leviable on amount paid by members of RWA in excess of Rs 7500 Per Month

August 12, 2021 4188 Views 0 comment Print

The Hon’ble Madras High Court in Greenwood Owners Association v. Union of India [ W.P. Nos. 5518 and 1555 of 2020 dated July 01, 2021] held that contribution by the members of the Resident Welfare Association (RWA) only in excess of Rs. 7500/- per month per member would be taxable under the Goods and Services […]

SC won’t intervene in Amazon, Flipkart’s plea against CCI investigation

August 12, 2021 798 Views 0 comment Print

The Apex Court rejected a plea filed by e-commerce major Amazon and Flipkart (companies) to stall enquiry by the Competition Commission of India (CCI) for anti competition agreements, stating that, ‘as big e-commerce organizations, you should volunteer for anti-trust investigation but you are objecting’. Facts: Delhi Vyapar Mahasangh (“DVM”), an organization of retailers, submitted a […]

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