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Rejection of GST registration solely for delay in moving revocation application, is not sustainable

December 26, 2022 1038 Views 0 comment Print

Umesh Kumar Vs State Of U.P. And 3 Others (Allahabad High Court) The purpose of inserting the provision under Rule 23 of GST Rules, 2017 as to service of notice upon the assessee is to provide an opportunity to him to move a revocation application so as to save the registration from being cancelled permanently […]

Penalty for compounding of offence under Goa VAT – HC order fresh hearing

December 25, 2022 1383 Views 0 comment Print

Shekhar P. Vernekar Vs Commissioner of State Tax (Bombay High Court at Goa) 1. I have heard learned Counsel for the petitioner on this petition which assails an order dated 30 July 2021 passed under Section 53 of the Goa Value Added Tax Act, 2005 read with Rule 55 of the Rules whereby Commissioner of […]

No unjust enrichment on credit accumulation during Excise Law Regime

December 25, 2022 1128 Views 0 comment Print

Nitin Industries (Trade Name) Vs Commissioner of Goods & Service Tax  (CESTAT Delhi) CESTAT find that admittedly, Save and Except taking forward of the credit balance as on 30.06.2017, the appellant have not commenced production or manufacturing activities nor cleared any taxable goods on or after 1.7.2017. Further, debit by the appellant in the electronic […]

TDS Credit eligible if Assessee offered income relating to said TDS

December 25, 2022 2409 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) The assessee has claimed credit for TDS amounting to Rs. 45,59,855/-, whereas DCIT, CPC has allowed TDS credit for Rs. 33,35,055/-. We find that the assessee has claimed credit for TDS pertains to earlier financial years, because income relating to said TDS has been offered to tax […]

CESTAT orders re-adjudication of CENVAT Credit issue decided by authorities under Old Theory

December 25, 2022 1170 Views 0 comment Print

Kohler India Corporation Private Limited vs C.C.E. & S.T (CESTAT Ahmedabad) The facts of the case, in brief, are that a team of Central Excise Officers visited the factory premises of appellant and documents related to Cenvat Credit availed on services received from various service providers were called. Upon the examination of the appellant’s records/ […]

Sovereign Gold Bond (SGB) Scheme 2022-23

December 16, 2022 4998 Views 0 comment Print

The Subscription of the Gold Bonds under this Scheme shall be open (Monday to Friday) on the dates specified above, provided that the Central Government may, with prior notice, close the Scheme at any time before the period specified above.

Provisions of Rule 3(5)(B) of CCR, 2004 not attracted in case of a general provision

December 13, 2022 492 Views 0 comment Print

Jaisawal Neco Industries Ltd Vs Principal Commissioner of Central Tax & Central Excise (CESTAT Delhi) The issue involved in this appeal is whether the provisions of Rule 3(5)(B) of CCR, 2004 are attracted in case of making a general provision in the books of account for slow moving/non moving inventory, without reducing the value of […]

VAT demand: HC grants interim stay to Tata Steel subject to deposit of 20% of tax

December 13, 2022 924 Views 0 comment Print

Tata Steel Limited Vs State of Jharkhand (Jharkhand High Court) Interlocutory Application No. 9617/2022 has been preferred for ignoring defect and exemption from filing certified copy of Annexure-9 which is the photocopy of the appellate order. It is submitted that since the record of the Inferior Authorities are before the learned Commercial Taxes Tribunal, certified […]

Validity of Assessment order passed against dead person without brining on records his legal heirs

December 13, 2022 4617 Views 0 comment Print

Jurisdictional notice under Section 143(2) of the Act was issued against the dead person and the assessment order has also been passed against the dead person on his PAN without bringing on record all his legal representatives, therefore, the said assessment order and the subsequent notices are null and void and are liable to be set aside.

MahaRERA: Non-negotiable clauses in agreement for sale to be executed with allottees -Reg.

December 13, 2022 9834 Views 0 comment Print

MahaRERA directs promoters not to modify mandatory clauses in sale agreements, stating deviations from Act, Rules, and model agreement will be void and may lead to rejection.

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