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CBI arrests A CA & A Joint Commissioner CGST in alleged bribery case

March 7, 2022 2001 Views 0 comment Print

CBI ARRESTS A CHARTERED ACCOUNTANT AND A JOINT COMMISSIONER IN AN ALLEGED BRIBERY OF RS.FOUR LAKH; RECOVERS CASH OF RS.7.4 LAKH(APPROX) The Central Bureau of Investigation has arrested a Chartered Accountant and a Joint Commissioner , CGST, Nagpur in an alleged  bribery of Rs. Four Lakh. A case was registered against a Chartered Accountant on […]

HC grants bail in GST evasion case of Rs. 14.33 Crores

March 6, 2022 4329 Views 0 comment Print

Prateek Garg Vs Intelligence Officer (Himachal Pradesh High Court) 1. Both these petitions are being decided by a common order as common questions of law are involved. 2. Petitioners have been booked for offences under Section 132(1)(b)(i) of Central General Goods and Service Tax Act 2017 (for short CGST Act) and Section 20 (xv) of […]

TDS on commission forming part of Salary deductible at the time of payment

March 6, 2022 7854 Views 0 comment Print

PCIT Vs Indofil Industries Limited (Bombay High Court) The issue herein is regarding disallowance under Section 40(a) (ia) of the said Act for amount of Rs.1,08,00,000/-. The Assessing Officer had noted that Respondent had made a provision for commission for the Chairman and the Managing Director (CMD) of the Company for Rs.1,08,00,000/- at the year […]

Daughters entitled to equal share in property inherited by their parents

March 6, 2022 5100 Views 0 comment Print

ince the plaintiff and defendants are coparcener of the joint Hindu as per Hindu Succession Act as amended in 2005, the daughters are also entitled for getting equal share in the property inherited by their parents. The suit land is inherited by deceased Kachra Bai, as such defendants and plaintiff are entitled to get equal share in the property as per Section 6 of the Hindu Succession Act as amended in 2005.

Compounding Benefit under Income Tax cannot be denied for non-acquittal from Criminal Charges

March 6, 2022 1914 Views 0 comment Print

Jai Singh Goel Vs Chief Commissioner of Income Tax (Central) & Anr. (Delhi High Court) Impugned Order dated 21.08.2018 rejects the application of the petitioner seeking compounding of offence on two grounds: 1) That the application has been filed beyond the period of limitation; 2) The petitioner already stands convicted by the Competent Court. As […]

CESTAT allows Refund of CVD/SAD as such credit is no available under GST

March 6, 2022 2925 Views 0 comment Print

Mithila Drugs Pvt. Ltd. Vs. Commissioner, Central Goods and  Service Tax,(CESTAT Delhi) CESTAT finds that the payment of CVD and SAD subsequently during GST regime, for the imports made prior to 30.06.2017 is not disputed under the advance authorisation scheme. It is also not disputed that the appellant have paid the CVD and SAD in […]

New condition imposed on import not applies to import already originated from the port of shipping

March 6, 2022 1464 Views 0 comment Print

Rasrasna Foods Pvt Ltd Vs C.C.-Mundra (CESTAT Ahmedabad) ThThe brief facts of the case are that the appellant had imported a consignment of Sajji Khar at Mundra Port under warehousing Bill of entry No.6272028 dated 28.12.2019. On 16.01.2020. The FSSAI authority certified that the appellant holds FSSAI license and the sample conforms to the standards […]

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

March 6, 2022 3216 Views 0 comment Print

Summons for appearance issued under Section 70 of the CGST Act and the authorization for arrest issued under Section 69 (1) of the CGST Act, do not fall within the ambit of the definition of Criminal Proceedings, because criminal proceeding commences, only after the launch of prosecution. It

Consideration for accessing Database cannot be treated as Royalty

March 6, 2022 1221 Views 0 comment Print

Dow Jones & Company Inc. Vs ACIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. In the case of a book, the publisher of […]

Pre-show-cause notice consultation not Mandatory but Directory & Discretionary

March 6, 2022 2277 Views 0 comment Print

Jagdish Das Vs Union of India (Calcutta High Court) Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-cum-demand notice dated 23rd April, 2021 issued by the CGST Authority concerned on the ground that the same was issued without issuing pre-show cause notice consultation as per Circular No.1076/02/2020 […]

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