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FIR cannot be registered in entry tax evasion cases in absence of provision under VAT Act

December 9, 2022 1758 Views 0 comment Print

HC held that in case of tax evasion, FIR cannot be registered as the VAT Act does not provide any provisions authorizing the same.

GST registration restored which was cancelled without due service of Show Cause Notice

December 9, 2022 993 Views 0 comment Print

HC set aside order cancelling GST Registration on the grounds that SCN was not duly issued for cancellation of registration by State Tax Officer.

Notice is mandatory for physical verification of place of business under Rule 25 of CGST Rules, 2017

December 8, 2022 13968 Views 0 comment Print

Bimal Kothari Vs Assistant Commissioner (DSGST) & Ors (Delhi High court) The Hon’ble Delhi High Court (“the High Court”) in the case of M/s. Bimal Kothatri v. Assistant Commissioner (DSGST) & Ors. [(W.P.(C) 9207/2019 & CM No. 37947/2019] dated November 01, 2022, held that cancellation of GST registration is not sustainable when no notice was […]

GST on services provided to parent company relating to test benches in the name of MRO services

December 8, 2022 1245 Views 0 comment Print

In re Testmesures Spherea Solutions Private Limited (GST AAR Karnataka) The Karnataka Authority of Advance Ruling (“the KAAR”) in Re: M/s Testmesures Spherea Solutions Private Limited [KAR ADRG 46/2022 dated December 2, 2022] denied to grant Goods and Service Tax (“GST”) concession as the service of supply of test bunch equipment does not amounts to […]

Oxygen not a ‘Raw-Material’ for Manufacture of Steel, not Eligible for Concessional Sales Tax Rate

December 7, 2022 798 Views 0 comment Print

Dive into the legal intricacies surrounding the eligibility of oxygen for concessional sales tax rates in the case of State of Jharkhand v. Linde India Limited. The Supreme Court clarified that for a product to qualify as raw material, it must go into and be found in the end product. Oxygen, used as a refining agent to reduce carbon content in steel manufacturing, was deemed ancillary and not a raw material.

CA Cannot be Prosecuted under PMLA merely for Issuing Form No. 15CB

December 3, 2022 11604 Views 0 comment Print

While issuing Form No. 15CB a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients

Bombay HC orders restoration of GST registration cancelled u/s 29(1) of CGST Act

November 29, 2022 1875 Views 0 comment Print

HC allowed Petitioner to submit a physical application for restoration of GST registration where application of cancellation was filed by petitioner

No Service Tax on Security Deposit From Customers for Share Trading

November 29, 2022 1752 Views 0 comment Print

CESTAT held that the Service Tax is not liable to be paid on the amount collected from the customer as interest free security deposit against trading of shares which is subsequently refunded without utilization.

In case of change of AO, newly appointed AO shall continue proceeding from stage where they were left by earlier AO

November 29, 2022 2007 Views 0 comment Print

SC held that in case of transfer of Assessing Officer, the new AO can only continue proceeding from the stage at which earlier AO had left.

GST authorities cannot issue SCN under Section 73 for verification of transitional credit

November 28, 2022 15522 Views 0 comment Print

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law

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