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HC Set Aside dubious GST Registration Cancellation order

December 25, 2022 1194 Views 0 comment Print

S A Traders Vs GST Officer (Andhra Pradesh High Court) We have gone through the impugned show cause notice and order for cancellation of registration and found force in the submission of learned counsel for the petitioner, for, both show cause notice as well as the order of cancellation of registration are dubious enough and […]

Lack of specific discussion on issue in assessment order not means lack of enquiries

December 25, 2022 1443 Views 0 comment Print

Trivitron Healthcare Pvt. Ltd Vs DCIT (ITAT Chennai) The PCIT has questioned provision for warranty expenses amounting to Rs.2,25,71,530/-. According to the PCIT, there is a five times increase in provision for warranty expenses for the AY 2014-15 when compare to AY 2013-14. Although, the assessee has not explained rational behind substantial increase in expenses, […]

Proviso to Rule 4(1) of CENVAT Credit Rules, 2004 has prospective effect

December 25, 2022 756 Views 0 comment Print

ITC Sonar (A Unit of ITC Limited) Vs Commissioner of CGST & CX (CESTAT Kolkata) The only issue to be decided in this Appeal is whether the 3rd Proviso of Rule 4(1) of CENVAT Credit Rules, 2004 as introduced w.e.f. 01.09.2014, has got retrospective effect. I find that the said proviso was introduced w.e.f. 01.09.2014 […]

HC Stays Garnishee Order under GST as 50% of demand already been recovered

December 25, 2022 702 Views 0 comment Print

Graphic aids Vs Sales Tax Officer (Calcutta High Court) As stated by the learned Advocate for the appellant that sum of Rs.16,51,924/- has been recovered after the writ petition was dismissed, we feel the interest of revenue has been sufficiently safeguarded as more than 50% of the total dues has already been recovered. Therefore, the […]

Section 54/54F exemption – Flat Booking Vs. Possession

December 25, 2022 5133 Views 0 comment Print

Pradeep Kumar Sonthalia Vs DCIT (ITAT Kolkata) The assessee has claimed exemption under section 54 and 54F of the Income Tax Act. Such exemption has been denied to the assessee by observing that it has booked the flat with the builder in earlier year but ultimately took the possession in subsequent years. Therefore, he failed […]

Change In Composition of Coc will Not Affect Its Decisions prior to reconstitution

December 25, 2022 1596 Views 0 comment Print

The proviso in Regulation 12(3) of CIRP Regulations, 2016 clearly stipulates that if any decision is taken by the committee, prior to the reconstitution, which in this case is the ratification of the fees and the expenses, its validity will not be affected.

Transfer of business qualify as a ‘going concern’ if not have Intention or necessity of liquidation or of curtailing materially the scale of operations’

December 22, 2022 5847 Views 0 comment Print

In re Jayesh Popat (GST AAR West Bengal) Whether the transaction of transfer of business by the applicant shall be treated as a supply of services and would be covered under Serial No. 2 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017? It therefore appears that to qualify as a ‘going concern’, the business […]

Registration of Pensioners’ Associations under Pensioners’ Portal Scheme- Date extended

December 22, 2022 639 Views 0 comment Print

Department is pleased to inform that last date for submission of applications has been extended by 30 days from date of this advertisement.

HC set-aside order passed without considering petitioner’s request for grant of additional time

December 20, 2022 1353 Views 0 comment Print

ABB Global Industries Vs Union of India (Karnataka High Court) Karnataka High court In case of ABB Global Industries and services Pvt Ltd, Quashed the order passed by the PO on reason of natural justice , as petitioner requested additional time for hearing , PO rejected and passed the order FULL TEXT OF THE JUDGMENT/ORDER OF […]

GST registration application: Department cannot demand additional documents other than prescribed 

December 20, 2022 1518 Views 0 comment Print

State of Kerala Vs West Bengal Lottery Stockists Syndicate Private Limited (Kerala High Court) Kerala high court In the case of West Bengal Lottery Stockist Syndicate Pvt Ltd, HC held that Such clarification include information to ascertain the legality of the business proposed to be conducted by the applicant, but it does not include furnishing […]

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