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Conduct of arbitral proceeding should speak itself to draw inference of impartiality

October 29, 2018 516 Views 0 comment Print

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Court held that no service was affected to J.P.S. Yadav, the Managing Director and the […]

HC releases goods seized for writing wrong Tax Invoice No. on E-way Bill

October 27, 2018 1968 Views 0 comment Print

Incorrectly mentioning the number of tax invoices as tax invoice number on E-way Bill- Prima facie, there seems no discrepancy in E-way Bill attracting seizure of goods. Goods directed to be released without insisting for a deposit of any amount and furnishing security as GST already paid on goods. 

Bogus GST Bill: HC suspends provisional attachment of Factory & Bank

October 26, 2018 2427 Views 0 comment Print

we would permit the petitioner to carry on the legitimate business by suspending provisional attachments subject to fulfillment of following conditions: (i) The petitioner creates an undertaking to maintain a stock of the goods of a minimum of Rs. 5 crores. Such undertaking shall be filed before the department as well as before this Court by 15.11.2018;

Re-Assessment Order under Karnataka VAT after GST rollout is Valid

October 25, 2018 8529 Views 0 comment Print

M/s. Prosper Jewel Arcade LLP Vs The Deputy Commissioner Commercial Taxes (High Court Karnataka) The Court further added that “therefore, the larger constitutional questions raised in the present writ petition and as sought to be canvassed by the learned Senior Counsel for the petitioner like the substitution of Entry 54 in List II, effect of […]

Contribution to EPF & ESI deposited before Income Tax Return filing due date cannot be disallowed

October 23, 2018 12036 Views 0 comment Print

Das & Sons Infracon Pvt. Ltd. Vs DCIT (ITAT Cuttack) amount claimed on payment of PF and ESI having been deposited on or before due date of filing of returns, same could not be disallowed under section 43B or under section 36(1)(va). FULL TEXT OF THE ITAT JUDGMENT This is an appeal filed by the […]

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

October 22, 2018 3897 Views 0 comment Print

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]

Industrial gases produced out of major materials supplied is Job Work

October 20, 2018 1032 Views 0 comment Print

The industrial gases are produced out of the major materials or inputs supplied by the applicant. The job worker uses some minor, ancillary goods to complete the process. The application of minor items by the job worker would not detract it being a job work. Therefore the processing undertaken by M/s. Prodair Air Products on the goods belong to the applicant, another registered person qualifies as job work even if it amounts to manufacture.

Assam Goods and Services Tax (Amendment) Act, 2018

October 20, 2018 1278 Views 0 comment Print

(1) This Act may be called the Assam Goods and Services Tax (Amendment) Act, 2018. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the Government of Assam may, by notification in the Official Gazette, appoint:

Composite supply of materials & erection work is supply of service

October 18, 2018 1449 Views 0 comment Print

The composite supply of works contract as defined at Section 2 of CGST Act ‘2017 and MPGST Act, 2017 is treated as supply of service in terms of serial no.6, Schedule II of CGST Act ‘2017 and MPGST Act, 2017.

SAT quashes Appeal filed by PWC, No Extension to carry out audit

October 17, 2018 1284 Views 0 comment Print

Price Waterhouse & Co. Bangalore LLP Vs SEBI (Securities Appellate Tribunal) 1. By this Miscellaneous Application Applicants / Original Appellants seek extension of the period of interim relief granted by this Appellate Tribunal vide order dated 15.02.2018. By the said order Applicants /Appellants were allowed to continue with the auditing assignments of their existing clients […]

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