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Applicability of GST on vaccination done by doctors in their clinic (OPD)

January 4, 2023 2817 Views 0 comment Print

In re Anju Parakh (GST AAR Chhattisgarh) Vaccines sold/supplied through a separate chemist shop /pharmacy store owned by the clinic/hospital across the counter would be subjected to GST as supply of good, at the applicable rate of GST. In the case where the clinic/hospital itself has divided the contract into two parts one for supply […]

Moneys destroyed Name & Address Board of Company – MCA imposes Penalty

January 4, 2023 966 Views 0 comment Print

Company office is situated in village and often monkeys roam here and there, we had duly put on place the board but just 3 days before the inspection, it was tempered and destroyed by the monkeys, we had ordered for new board to be displayed which took 5 days to deliver and we affixed the new board on 8th September, 2022

18% GST under RCM payable on Royalty for mining right to Government

January 4, 2023 96474 Views 0 comment Print

In re Shanti Enggicon private Limited (GST AAR Chhattisgarh) Whether GST is required to be paid by the applicant on Royalty amount under RCM or not? in the instant case as applicant is admittedly availing mining rights including it exploration and evaluation of soil used in earthwork on payment of a consideration to the Government […]

HC disposes matter without entering into merits on request of petitioner

January 3, 2023 711 Views 0 comment Print

Mehta Enterprise Vs State of Gujarat (Gujarat High Court) As there has been an order of confiscation, learned advocate Mr. D.K.Puj, learned advocate requires this to be withdrawn. According to him, he will have an opportunity to then take a legal recourse which he wants to explore. Matter is being disposed of without entering into […]

Different opinion, not gives jurisdiction to exercise revisional power u/s 263

January 3, 2023 528 Views 0 comment Print

Only because the ld Pr. CIT being a higher authority and more wiser in experience considered that enquiry in some other aspects would have resulted in different opinion, does not give jurisdiction to exercise revisional power u/s 263. That being so the grounds raised are allowed and the impugned order of revisional authority is set aside.

Cash deposited out of FD maturity proceeds of father cannot be treated as unexplained

January 3, 2023 1704 Views 0 comment Print

M. Vijayakumar Vs ITO (ITAT Chennai) We noted that the CIT(A) has not doubted the source of maturity of assessee’s father FDs of Rs.8 lakhs which was withdrawn on 01.11.2016. Admittedly, the assessee made deposit on 10.11.2016 in cash, this amount of Rs.8 lakhs. The only dispute is confirmation, which now the assessee confirmed by […]

Taxable amount rightly reflected as Basic Rate in Tender: HC upheld Demand of GST

January 3, 2023 1446 Views 0 comment Print

It is evidently clear that there was no auto generation of the amount at the site after filling in the basic rate. On the other hand, it is absolutely clear that the amount as was entered at Sr. No. 13 was auto reflected at Sr. No.53.

A person not guilty for cheque bounced 9 months after his retirement from company

January 3, 2023 1185 Views 0 comment Print

Man Mohan Patnaik Vs Cisco Systems Capital India Pvt.Ltd & Ors. (Delhi High Court) Upon a bare perusal of section 138 of the NI Act, it is evident that the genesis of an offence under that provision is the ‘return’ of a cheque by a bank ‘unpaid’, inter-alia for insufficiency of funds in the account […]

Section 11 exemption denial for non-mention of Trust Registration details in ITR – ITAT restores matter to AO

January 3, 2023 1281 Views 0 comment Print

ITAT note that the benefit of deduction u/s 11 of the Act has been denied by the authorities below primarily on the reasoning that the trust was not registered under the provision of section 12A of the Act.

Orissa VAT Dues of Company cannot be recovered from Directors: HC

January 3, 2023 501 Views 0 comment Print

Section 51 of the OVAT Act read with Rule 55 of the OVAT Rules provides a special mode of recovery of outstanding amount of tax, interest and penalty. Even these provisions do not authorize recovery of outstanding taxes of a Company from the accounts of its individual Directors.

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