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Subway franchise ‘Hungry Eyes’ guilty of Profiteering: NAA

December 10, 2020 513 Views 0 comment Print

Director-General of Anti-Profiteering Vs Hungry Eyes (NAA) An application alleging profiteering in respect of restaurant service supplied by the Respondent (Franchisee of M/s Subway Systems India Pvt. Ltd.) after a prima-facie examination by the Maharashtra State Screening Committee on Anti-profiteering under Rule 128 (2) of the CGST Rules 2017. Vide the application, it has been […]

Suncity Projects not passed ITC credit to homebuyers: NAA

December 10, 2020 1008 Views 0 comment Print

Jotbir Singh Bhalla Vs Suncity Projects Pvt. Ltd. (NAA) The brief facts of the case are that the DGAP had received a reference from the Standing Committee on Anti-Profiteering on 28.06.2019 to conduct a detailed investigation in respect of a complaint filed by Applicant No. 1 before the Standing Committee on Anti-profiteering, stating therein that he […]

Declaring a person ‘fraud’ & ‘willful defaulter’ without giving a chance to explain or Challenge is Invalid

December 10, 2020 15738 Views 0 comment Print

Rajesh Agrarwal Vs Reserve Bank of India (Telangana High Court) Aggrieved by the non-inclusion of principles of natural justice in the Master Directions on Fraud (‘the Master Circular’, for short), dated 01.07.2016, issued under Section 35A of the Banking Regulation Act, 1949 by the Reserve Bank of India, aggrieved by the decision of the Joint […]

HC quashes Non-Speaking GST Registration cancellation order

December 10, 2020 2094 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs. State Of Gujarat (Gujarat High Court) Be that as it may, we are inclined to quash the impugned order dated 25th February 2020 passed by the Commercial Tax Officer on the short ground that the same is a non-speaking order passed without any application of mind. It is very sad to […]

Expenditure on R&D for manufacture of aircrafts to be sold allowable U/s. 37

December 9, 2020 645 Views 0 comment Print

The fact that a certain payment constitutes income or capital receipt in the hands of the recipient is not material in determining whether the payment is revenue or capital disbursement qua the payer. It has further been held that whether a transaction is capital expenditure would have to be determined having regard to the nature of the transaction and other relevant factors.

Section 115JB is applicable to insurance companies with effect from 01.04.2003

December 8, 2020 1371 Views 0 comment Print

CIT Vs United India Insurance Company (Madras High Court) Since the provision has been made applicable to the Insurance companies as well with effect from 01.04.2003, the Tribunal has to decide the issue on merits for the assessment year 2013-2014 and decide as to whether the assessing officer was right in computing dis-allowance reserved for […]

Additional Payment Mechanism (i.e. ASBA, etc.) for Payment of Balance Money in Calls for partly paid specified securities issued by the listed entity

December 8, 2020 1761 Views 0 comment Print

Additional Payment Mechanism (i.e. ASBA, etc.) for Payment of Balance Money in Calls for partly paid specified securities issued by the listed entity

Petition cannot be filed before HC when alternate remedy exists merely for necessity of pre-deposit for Appeal

December 8, 2020 1659 Views 0 comment Print

Raju Laxman Pachhapure Vs Union of India (Bombay High Court) In this case Appellant submits that although there is a statutory remedy of appeal available against the order and though the petitioners are desirous of filing the same but because a pre-deposit would be necessary for filing an appeal which would be burdensome on the […]

AAR cannot decide constitutional validity of ‘liability to pay tax’

December 8, 2020 669 Views 0 comment Print

Khaitan Chemicals and Fertiliser (GST AAR Madhya Pradesh) Authority is of the view that based on the detailed reading and understanding of Section 97 of the CGST Act, an application for Advance Ruling can only be made to determine the ‘liability to pay tax’ on any goods or services or both. Therefore, no application can […]

List of Sr./Jr. Standing Counsels, CGST for different High Courts

December 7, 2020 6519 Views 0 comment Print

The President of India is please to appoint a fresh panel of Sr./Jr. Standing Counsels of CBIC to handle litigation of Indirect Taxes before various High Courts (other than Delhi High Court) and other fora, in terms of Instruction F. No. 278A/43/2007-Legal dated 05.12.2007, as per following details.

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