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Tax, interest, penalty, fine, and fees due need to be paid for revocation of cancellation of GST Registration

March 22, 2023 1761 Views 0 comment Print

HC held that tax, interest, penalty, fine, and fees due need to be paid for the revocation of cancellation of GST Registration by assessee.

Application of GAAR Provisions cannot be a ground for denial of Tax benefit under India- Singapore DTAA

March 21, 2023 1092 Views 0 comment Print

Held that, though domestic GAAR provisions are applicable, the treaty benefit cannot be denied to the assessee. Revenue Department to delete disallowance of STCG and allow benefit of provisions of India- Singapore DTAA. 

No ITC to purchasing dealer in absence of proof of genuine transactions & physical movement of goods

March 16, 2023 4446 Views 0 comment Print

HC held that until purchasing dealer discharges burden of proof under Section 70 of KVAT Ac, and proves the genuineness of transaction/purchase and sale by producing relevant materials, such as name and address of selling dealer, details of vehicle which has delivered goods, payment of freight charges, acknowledgement of taking delivery of goods, tax invoices and payment particulars etc, such purchasing dealer shall not be entitled to ITC

Deemed rent not applicable on unsold flats treated as stock-in-trade by builder

March 16, 2023 3378 Views 0 comment Print

Appellant builder treated Property as stock-in-trade & profits on its sale would be offered as business income and no rental income was received by Appellant from Property.

Petition challenging Constitutional validity of Sec 16(2)(c) of CGST Act

March 15, 2023 10758 Views 0 comment Print

A petition challenging the constitutional validity of Sec 16(2)(c) of the CGST Act highlights the impact on taxpayers and ongoing litigation, including the Bharti Telemedia case.

Non-Submission of reply to SCN cannot be a valid ground for cancellation of GST Registration

March 14, 2023 5781 Views 0 comment Print

HC set aside cancellation order of GST Registration of assessee on the grounds that non-submission of reply to Show Cause Notice cannot be a ground for cancellation of GST Registration.

Activities to be undertaken for GST Compliances of FY 2022-23 in March 2023

March 13, 2023 65682 Views 0 comment Print

Ensure smooth transition for GST compliance in FY 2022-23 with this checklist. Reconcile ITC, report correct outward supplies, and address other crucial aspects.

GST amount to be adjusted if there is an issue of mismatch in GST Return with Bank Statement

March 12, 2023 4332 Views 1 comment Print

HC set aside the order on the grounds, that Revenue Department and Appellate Authority have committed misreading of FORM GSTR-09

Search & seizure proceedings invalid in absence of reasons to believe: SC

March 10, 2023 13131 Views 0 comment Print

Basic premise of Section 105 & search proceedings is reasonable belief that some objective material exists on record to trigger searches

No GST on issuance of Prepaid Payment Instrument vouchers

March 10, 2023 7389 Views 0 comment Print

Held that, the issuance of vouchers is similar to pre-deposit instruments, which have no inherent value of their own and therefore, it does not fall under the category of supply of goods or services. Hence, vouchers being neither goods nor services, are exempted from the levy of tax.

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