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No deduction to Pharma Companies for Freebies to Doctors: SC

February 22, 2022 12657 Views 0 comment Print

Supreme Court disallows tax benefits to pharmaceutical company gifting freebies to doctors. Impact on public policy and professional conduct discussed. Full judgment

SCN issued on Directors cannot be treated as SCN issued on Company

February 21, 2022 1926 Views 0 comment Print

Yug International Pvt. Ltd. Vs Principal Commissioner (CESTAT Delhi) It is a fact that the show cause notice was not issued to the appellant. It was issued only to five persons including Amit Agarwal, who is the Director of the appellant. The appellant has stated that since it was not required to file reply to […]

CESTAT allows refund of pre-deposit along with interest

February 21, 2022 9108 Views 0 comment Print

Vandana Global Ltd. Vs Commissioner (CESTAT Delhi) The appellant had paid the amount of pre-deposit at the rate of 10% of duty and penalty while filing appeal before the CESTAT over and above the 7.5% thereof as was paid while filling appeal before Commissioner (Appeals) against Order-in-Original No.115/Refund/AC/RD-I/2017 dated 10.04.2018 pursuant to the Show Cause […]

Concessional tax rate on gross receipt basis not allowable if Assessee claims exclusion of reimbursements

February 21, 2022 858 Views 0 comment Print

GRI Renewable Industries S.L. Vs ACIT (IT) (ITAT Pune) It is seen that the assessee offered its income from ‘royalties’ and ‘fees for technical services’ on gross basis, albeit at the concessional rate of tax. The assessee claimed that a sum of Rs.35.67 lakh was received as reimbursement of expenses which was not liable to […]

HC directs restoration of GST registration on payment of tax, penalty & uploading of returns

February 21, 2022 10839 Views 0 comment Print

Tvl. Suguna Cutpiece Center Vs The Appellate Deputy Commissioner (ST) (GST) (Madras High Court) These Writ Petitions pertain to the challenge to the cancellation of GST Registrations issued to the petitioners under the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017. Some of the […]

GST: Bail denied to person accused of clandestine manufacturing & sale

February 21, 2022 1485 Views 0 comment Print

GST Vs Krishna Kant Pandey, Laxmi Kant Pandey & Shashi Kant Pandey (Patiala House Court) The present case is of clandestine manufacturing and sale which is covered by Section 132 (1) (a). Although, the punishment and the status of the case has cognizable and non bailable is the same, the evidence of both category of […]

Request to extend due date for submission of FORM GSTR-9, 9A & 9C

February 21, 2022 27543 Views 1 comment Print

Adverting to finalization of Forms 9, 9A & 9C under the Goods and Services Tax Acts which not only requires reconciliations in the accounts of the Tax Payer but it also requires reconciliations with the accounts of the suppliers and recipients. The time of 13 days available, that too, if we do not consider the intervening holidays is too short to do the needful, by 28th Feb., 2022.

CGST Commissionerate, Raigad of CGST Mumbai Zone busts a fake ITC racket

February 21, 2022 1164 Views 0 comment Print

CGST Commissionerate, Raigad of CGST Mumbai Zone has busted a fake ITC racket and arrested the proprietor of a Kalamboli based firm M/s. Ashok Metal Scrap. This firm was engaged in availing and passing on of fake GST Input Tax Credit (ITC) of Rs. 12 Crore, by using bogus invoices of more than Rs. 64 Crores.

Department cannot be allowed to proceed with SCN after more than 16 years: HC

February 21, 2022 2982 Views 0 comment Print

The Bombay Dyeing and Manufacturing Company Limited Vs Deputy Commissioner of CGST (Bombay High Court) The Petitioner has filed reply to the Show Cause Notice (SCN)within four weeks from the date of receipt of the said notice and did not get any further communication from the Respondent for hearing or any adjudication upon the said […]

No addition for unsecured loan received if Source & Nature explained

February 21, 2022 3246 Views 0 comment Print

ITO Vs Sandeep S. Dagaria (ITAT Mumbai) ITAT notices that Assessing Officer has merely proceeded to make addition of Rs.7,00,000/- unsecured loans merely because the Rajat Group of Companies involved in the transaction of bogus purchases and rejected the evidences submitted before him i.e. assessee has submitted the confirmation balance and the transactions were only […]

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