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Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under CGST Act

December 7, 2020 1623 Views 0 comment Print

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under GST Law and it is well settled that whenever a manner is prescribed, it should be done in that manner alone.

SC disposes appeal challenging constitutional validity of pre-deposit under TNVAT Act

December 4, 2020 3552 Views 0 comment Print

supM/S. V.V.V. And Sons Edible Oil Ltd. Vs The State of Tamil Nadu & Ors. (Supreme Court of India) The Hon’ble Supreme Court of India in M/S. V.V.V. And Sons Edible Oil Ltd. v. The State of Tamil Nadu & Ors. [Civil Appeal No. 3964 of 2020 dated December 04, 2020] disposed of the appeal […]

Supreme Court upholds validity of Tribunal Rules 2020 with modifications

December 3, 2020 4878 Views 0 comment Print

The Hon’ble Supreme Court of India, in Madras Bar Association v. Union of India & Anr. [Writ Petition (C) No.804 of 2020, (dated November 27, 2020)] upheld the validity of Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020, (Tribunal 2020 Rules) with some modifications and ordered […]

GST is leviable on Lottery & gambling: SC

December 3, 2020 13980 Views 2 comments Print

Supreme Court in Skill Lotto Solutions Pvt. Ltd. v. UOI & Ors. held that lottery and gambling under GST’s ambit is legally valid, upholding validity of tax imposition on lottery tickets and prize money.

GST leviable on charges collected from Members by Co-op Housing Societies

December 3, 2020 18063 Views 3 comments Print

Hon’ble AAAR, Maharashtra held that GST is to be levied on maintenance charges collected by cooperative housing societies if the monthly subscription or contribution charged from members is more than Rs 7,500 per month and the annual aggregate turnover is Rs 20 lakh or more.

Summons, Inspections, Search, Seizure & Arrest provisions under GST

December 1, 2020 4206 Views 0 comment Print

GST video series by CA Bimal Jain on ‘Summons, Inspections, Search, Seizure, and Arrest provisions’ under the GST law and its various nuances – 1. What is Summon and Who can issue and to whom under GST https://youtu.be/H34ABSUsd9o 2. Inspection, Search, and Seizure by GST Officials – When and How to Handle https://youtu.be/IOCD9qVRMtI 3. When […]

Adjudication of Show-Cause Notices after 13 years is untenable in law: Bombay HC

November 26, 2020 13818 Views 1 comment Print

Bombay High Court held that, the commencement of adjudication proceedings after inordinate delay of 13 years post-issuance of Show Cause Notices is untenable in law and any consequential decision or order based on such adjudication proceeding is therefore, held to be invalid.

SEZ unit/developers ineligible to claim refund of ITC involved in supplies received from non-SEZ suppliers

November 26, 2020 20634 Views 4 comments Print

The Hon’ble Appellate Authority, GST, Andhra Pradesh, in Re: Vaachi International Pvt. Ltd.  [Order No. 4990 of 2020 dated February 10, 2020] held that the SEZ unit/developers shall not claim any refund against input tax credit (ITC) involved in supplies received by them from non-SEZ suppliers and GST Law facilitates eligibility for refund claim to […]

ITC disallowance to buyer for seller’s default to pay taxes ‘unsustainable’

November 20, 2020 30948 Views 2 comments Print

Input Tax Credit (ITC) restriction in the hands of buyer, on the ground of tax collected but remaining unpaid to the Government by the seller cannot be sustained and requires re-consideration.

Investigation cannot be stalled on apprehension of contracting COVID-19

November 18, 2020 2724 Views 0 comment Print

The Hon’ble Delhi High Court, in the case of P.V. Rao vs. Senior Intelligence Officer, DGGSTI [W.P.(C.) No. 8975/2020 (dated, November 18, 2020)] denied relief to P.V. Rao (Petitioner) from appearing physically in Delhi to record statement in alleged GST evasion case and held that judicial interference at this threshold stage, in such matters relating […]

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