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Liquidator decision is appealable under Section 42 of IBC, 2016

October 21, 2019 4302 Views 0 comment Print

P.X. Xavier Vs. K. Joseph (Kerala High Court) Admittedly, the Liquidator had taken a decision. The decision taken by the liquidator is appealable under Section 42 of the Code. The petitioners, in order to file appeal under Section 42 of the Code, filed an application to condone the delay in filing the appeal. It has […]

No ITC of GST related to setting up of MRO facility for applicant

October 21, 2019 1443 Views 0 comment Print

In re Indag Rubber Limited (GST AAR Rajasthan) Q. Whether the applicant is eligible to claim credit of the GST charged by vendor at the time of supply of goods and services to it, which are used for carrying out the following activities for setting up of MRO facility which will be rented out: a. […]

Rejection of application by AAR without giving opportunity of hearing to Appellant is invalid

October 21, 2019 1329 Views 0 comment Print

The issue before us for determination is whether, the rejection of the application filed by the Appellant seeking Advance Ruling by the Lower Authority is as per the provisions of Law and Principles of Natural Justice.

Liability to File Kerala Flood Cess Return

October 21, 2019 4371 Views 0 comment Print

As per Rule 3 (1) of Kerala Flood Cess Rules, 2019, only taxable persons are liable to file Kerala Flood Cess Return in Form KFC-A and to pay Kerala Flood Cess. If the taxable persons has no supply liable to Kerala Flood Cess during a Financial Year, they are not liable to file Kerala Flood Cess Return.

Cancellation/Deregistration of GSTIN

October 21, 2019 9477 Views 0 comment Print

Section 29 of the Assam GST Act categorically ordains a Proper Officer to cancel registration of a taxpayer that yields no revenue to the exchequer or does not comply with the mandatory provisions of return submission within a definite time or obtained registration with fraudulent motif.

Sanitary Napkin seller found guilty of not passing GST rate reduction benefit

October 21, 2019 1242 Views 0 comment Print

Product Sanitary Napkin vide Notification No. 19/2018-Central Tax (Rate) dated 26.07.2018, w.e.f 27.07.2018 was exempted and attracted NIL rate of GST. However prior to 27.07.2018 this product attracted 12% GST with the benefit of ITC on the inputs and input services which was denied from 27.07.2018 as the product was exempted from levy of tax.

CBDT notifies Core Settlement Guarantee Funds set up by MCXCCL U/s. 10(23EE)

October 21, 2019 1044 Views 0 comment Print

Central Government notifies Core Settlement Guarantee Funds set up by the Multi Commodity Exchange Clearing Corporation Limited (MCXCCL), Mumbai for assessment year 2019-2020 vide Notification No. 82/2019-Income Tax dated 21st October, 2019.

CBI Files Chargesheet Against Then FM and Officials of MOF

October 20, 2019 1755 Views 0 comment Print

CBI FILES CHARGESHEET AGAINST 14 ACCUSED PERSONS/COMPANIES INCLUDING PRIVATE COMPANIES & THEIR THEN DIRECTORS; THEN FINANCE MINISTER (FM) AND CERTAIN THEN OFFICIALS OF MINISTRY OF FINANCE (MOF)

AAR rejects application as same issue was already pending before another authority

October 18, 2019 975 Views 0 comment Print

The application filed by the applicant is rejected as not admissible in terms of first Proviso to Section 98(2) of the GST Act 2017, since the issue was already pending before another authority when the application was made before AAR.

Consider GST appeal on merits, dismissed as time barred: HC

October 18, 2019 1716 Views 0 comment Print

No doubt, the appeal filed by the petitioner was time barred but in the facts of the case, in our considered view, the appeal of the petitioner ought to be decided on merits rather dismissing the same on the ground of delay.

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