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Sunfeast -Maggi Dispute – No Monopoly on word ‘Magic’, ‘Masala’

June 10, 2020 5058 Views 0 comment Print

The word Magic is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly over the said word Magic or Magical or their derivative as they are common to the trade. Therefore, it is incapable of being monopolised by any trader.

Section 35D benefit once granted in initial year cannot be denied in subsequent years

June 10, 2020 1725 Views 0 comment Print

Once the claim under section 35D of the Act was accepted in the initial year i.e. AY 1995-96, then the clock had started running in favour of the assessee which was to continue for the entire period of ten years and the benefit once granted in the initial year could not be denied in the subsequent years.

Anti-dumping duty on import of 1-phenyl-3-methyl-5-Pyrazolone extended

June 9, 2020 1110 Views 0 comment Print

CBIC imposes provisional anti-dumping duty on import of 1-phenyl-3-methyl-5-Pyrazolone originating in or exported from China PR for a period of six months vide Notification No. 13/2020-Customs (ADD) Dated 9th June, 2020. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 13/2020-Customs (ADD) New Delhi, the 9th June, 2020 G.S.R. 363(E). – Whereas, in […]

No Prosecution of Chairman/Director without Impleading Company as Accused – Section 138 NI Act

June 9, 2020 7248 Views 0 comment Print

Bhupendra Suryawanshi Vs Sai Traders (Madhya Pradesh) The proviso to Section 138, however, is all important and stipulates three distinct conditions precedent, which must be satisfied before the dishonour of a cheque can constitute an offence and become punishable. The first condition is that the cheque ought to have been presented to the bank within […]

GST on construction of Water Park, Water Slides, Wave Pool etc.

June 9, 2020 7245 Views 0 comment Print

In re Atriwal Amusement Park (GST AAR Madhya Pradesh) Regarding the eligibility of ITC in case of Input Tax paid on Purchase of Water Slides, we have to state that Water Slides shall fall within the meaning of the term apparatus, equipment and machinery and therefore, shall be eligible for claim of ITC. Regarding the […]

No Service Tax on Loan Foreclosure charges collected by banks & NBFCs- CESTAT Larger Bench

June 8, 2020 11391 Views 0 comment Print

Foreclosure charges collected by the banks and non banking financial companies on premature termination of loans are not leviable to service tax under ‘banking and other financial services’ as defined under section 65 (12) of the Finance Act

NIL GST Return FORM GSTR­-3B through SMS enabled

June 8, 2020 5709 Views 0 comment Print

In a major move towards taxpayer facilitation, Government rolls out facility of filing of NIL GST Return through SMS In order to facilitate convenient return filing for taxpayers, Government is rolling out the facility of filing of NIL GST monthly return in Form GST-3B through SMS. Over 22 lakh registered taxpayers are estimated to benefit […]

HC quashes Ex-Parte order passed without hearing petitioner during Covid-19 Pandemic

June 8, 2020 6123 Views 0 comment Print

It is an admitted position that the impugned order dated 14.5.2020 is passed without hearing the petitioner and only on the short ground, the impugned order dated 14.5.2020 is hereby quashed and set aside and the authorities concerned shall pass a fresh order on merits without being influenced by the order impugned after giving an opportunity of hearing to the petitioner.

18% GST payable on coal handling & distribution charges

June 8, 2020 15159 Views 0 comment Print

In re Agarwal Coal Corporation Pvt. Ltd. (GST AAR Madhya Pradesh) Whether the Applicant is liable to discharge tax liability @ 18% on coal handling and distribution charges wherever supply of such services is intended to be made expressly to a customer or will the Applicant be entitled to charge GST at the rate of […]

ITC on Lifts procured & installed in hotel building not eligible

June 8, 2020 8904 Views 0 comment Print

AAR held that  input tax credit of tax paid on Lifts procured and installed in hotel building shall not be available to the applicant as the same is blocked in terms of Section 17(5)(d) of the CGST Act 2017, become an integral part of the building.

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