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GST on bullet proof body building on motor vehicles

August 24, 2020 1440 Views 0 comment Print

In re Jeet & Jeet Glass and Chemicals Pvt. Ltd (GST AAR Rajasthan) The activity carried out by the applicant by making bullet proof body building (in addition to fixing bullet proof windshield glass, bullet proofing of engine and fuel tank) on the motor vehicles (2.5 Ton capacity) of Chapter heading 87 of the Customs […]

Absence of incriminating material during search- No Addition in Section 153A Assessment

August 19, 2020 1257 Views 0 comment Print

If in relation to any assessment year, no incriminating material is found, no addition or disallowance can be made in relation to that assessment year in exercise of power under section 153A.

Any additional payment over & above invoice value includible in transaction value: SC

August 19, 2020 621 Views 0 comment Print

Commissioner of Central Excise, Customs And Service Tax Vs. Cera Boards And Doors (Supreme Court) In fine, these appeals are disposed of, confirming the impugned orders of CESTAT setting aside the Orders ­in­Original passed by the Adjudicating Authorities and remanding the matters back for re­adjudication. However, while carrying out the exercise of re­adjudication, the Adjudicating […]

No bail despite 7 year in Jail due to valid order of remand in other 2 cases

August 18, 2020 2469 Views 0 comment Print

Ritlal Rai Vs. Union of India (Patna High Court) In this case Though the petitioner has already suffered maximum punishment of seven years, so in the present case lodged under the PML Act, he cannot be kept in judicial custody but, because in two cases in which he is still in jail with respect to […]

MP HC allows anticipatory bail in GST evasion case

August 13, 2020 1656 Views 0 comment Print

Nitesh Wadhwani Vs State of M.P. (Madhya Pradesh High Court) The learned Senior Counsel for the petitioner began with the arguments that the only fault of the petitioner is that he is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala. The […]

Addition for Jewellery Purchased in cash cannot be made ignoring Cash inflow statement submitted by assessee

August 10, 2020 756 Views 1 comment Print

Pipush kumar O Desai Vs CIT (Gujarat High Court) Upon perusal of the relevant record, copies of which have been annexed to the paper book supplied to this court, it is very clear that the assessee had given sufficient details with regard to the sources from which he had purchased the jewellery in question. Upon […]

Form GST TRAN 1 filing relief Circular not relatable to gross delay in raising claim or omission to include correct details

August 5, 2020 951 Views 0 comment Print

C. Prasannakumaran Unnithan Vs GST Council (Kerala High Court) The controversy in the Writ Appeals and the Writ Petitions arose on the Goods and Services Tax regime coming into effect from 01.07.2017. The dealers who were covered under the earlier regime were required to upload FORM GST TRAN 1 within the time stipulated, to avail […]

FERA Offence Liability depends on Role in Company Affairs & Not on Mere Designation or Status: SC

August 5, 2020 2352 Views 0 comment Print

Shailendra Swarup Vs Deputy Director (Supreme Court of India) Section 68 of FERA, 1973 deals with Offences by companies. Section 68(1) provides that every person who, at the time of the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as […]

Custom Officer/ DRI can arrest a person on reasonable belief of Smuggling

August 4, 2020 17889 Views 0 comment Print

Sundeep Mahendrakumar Sanghavi Vs. Union of India (Gujarat High Court) (1) Any person can be arrested for any offence under the Customs Act, 1962, by the Customs Officer, if such officer has reasons to believe that such person has committed an offence punishable under Section 132 or Section 133 or Section 135 or Section 135A […]

Excess CST paid due to denial of ‘C’ Form is allowed as refund to buyer

July 31, 2020 2736 Views 0 comment Print

Udaipur Cement Works Ltd. Vs State of Gujarat (Gujarat High Court) 1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a Public Limited Company, having its place of business at Rajasthan, has prayed for the following reliefs; “(A) This Hon’ble Court may be pleased to issue a writ […]

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