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No GST to be paid during Search & Seizure unless accepted as GST liability

April 7, 2021 18981 Views 0 comment Print

The Hon’ble Madras High Court in Shri Nandhi Dhall Mills India Pvt. Ltd. v. Senior Intelligence Officer, DGGST & Ors. [W.P. No. 5192 of 2020 and WMP. No. 6135 of 2020] directed the Revenue Department to refund the amount of INR 2 crore collected from the assessee during the investigation. Held that, merely because the […]

Earthwork for mining development taxable @5%, constitutes ‘composite supply of works contract’

April 7, 2021 6162 Views 0 comment Print

Whether the services provided by the Applicant will be taxable @5% GST under the benefit of Serial No. 3(vii) of the Services Rate Notification as amended by NN 31/2017- CTR.

Automatic vacation of stay order after expiry of 365 days is not permissible

April 6, 2021 5814 Views 0 comment Print

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section […]

Rejected application seeking amendments in Writ Petition introducing entirely different cause of action

April 5, 2021 5061 Views 0 comment Print

The Hon’ble Sikkim High Court in Sun Pharma Laboratories Ltd. v. UOI & Ors. [I.A. No.03 of 2020 in WP(C) No.47 of 2018 (dated November 2, 2020)] rejected the application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking to insert amendments in the Writ […]

Making bullet proof body building on motor vehicles is a ‘service’ & taxable @18%

April 4, 2021 2121 Views 0 comment Print

The Hon’ble AAR Rajasthan in M/s. Jeet & Jeet Glass and Chemicals Private Limited [Advance Ruling No. RAJ/AAR/2020-21/08 decided on August 24, 2020] held that the activity of job work consisting of bullet proof body building on the motor vehicles provided by the Principal is a supply of service and attracts GST @18% (9% CGST +9% […]

Tax demand order alleging e-way bill reuse quashed by HC and termed it as perverse & erroneous

March 31, 2021 4476 Views 0 comment Print

The Hon’ble Allahabad High Court inM/s. Anandeshwar Traders v. State of UP [Writ Tax No. 503 of 2020 decided on January 18, 2021] held that the order demanding tax and penalty passed by Revenue under Section 129(3) of the Central Goods and Services Tax Act, 2017 (CGST Act) is contrary to the provisions of the […]

Bombay HC stayed demand notice seeking Service Tax from Advocate

March 28, 2021 4671 Views 0 comment Print

The Hon’ble Bombay High Court in Sanjiv Madhusudan Shah v. Assistant Commissioner of Central and Service Tax and ors. [Writ Petition (L) No. 646 of 2021 dated January 12, 2021] has stayed a demand notice issued, seeking to levy service tax upon an Advocate. Facts:- Sanjiv Madhusudan Shah (“the Petitioner”), who is an Advocate by […]

Circular cannot stand in the way of a benefit offered under statutory provisions

March 26, 2021 2256 Views 0 comment Print

HC directed the Authorities to refund the sanctioned amount. Held that, circular cannot stand in way of a benefit under a statutory scheme and is contrary to the statutory provisions of Section 54(3) of the Central Goods and Services Tax Act, 2017.

HC issued notice in writ challenging Rule 36(4) of CGST Rules restricting ITC availment

March 26, 2021 10929 Views 1 comment Print

The Hon’ble Gujarat High Court, in M/s Surat Mercantile Association v. Union of India [R/Special Civil Application No. 13289 of 2020 with Civil Application No. 1 of 2020 in R/Special Civil Application No. 13289 of 2020, decided on December 18, 2020] issued notice to the revenue department with respect to the writ challenging constitutional validity […]

Challenge to ‘search action’ at business premises dismissed by High Court citing presence of ‘reason to believe’

March 25, 2021 1416 Views 0 comment Print

The Hon’ble Delhi High Court in RCI Industries and Technologies Ltd. v. Commissioner DGST Delhi & Ors. [W.P.(C) 121/2021 decided on January 7, 2021] dismissed the writ application filed to impugn the search action at the business premises on the ground that there are ‘reasons to believe’ to inspect and search the business premises by […]

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