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GVAT: Directors of company cannot be prosecuted in absence of statutory provision

March 11, 2023 2292 Views 0 comment Print

Badal Bhupatrai Shah Vs. State of Gujarat (Gujarat High Court) The Hon’ble High Court of Gujarat allows anticipatory bail application, accepting the contention that: (i) directors of the company cannot be prosecuted in absence of a statutory provision; (ii) company has been wound up under section 433 and 434 of the companies act and hence, […]

KVAT: Once money received by State Government, credit has to be given to petitioner

March 11, 2023 933 Views 0 comment Print

KEC International Ltd. Vs State of Kerala (Kerala High Court) The Hon’ble High Court held that once the money has been received by the State Government, credit has to be given to the petitioner. It is for the KSEB to clarify how the payment was made to the State Government and the petitioner cannot be […]

Redemption fine covered under SVLDRS scheme: Bombay HC

March 11, 2023 1026 Views 0 comment Print

HP Adhesives Limited Vs Union of India (Bombay high court) The Petitioner applied under the SVLDRS Scheme. The application was rejected on the ground that redemption fine is not covered under section 125 of the SVLDR Scheme. Accordingly, the petition was filed against such rejection. The Hon’ble High Court of Bombay set aside such rejection […]

Activity of digital offset & offset printing amounts to manufacture – Service Tax not payable

January 23, 2023 2271 Views 2 comments Print

The department had challenged the order passed by Tribunal, Mumbai wherein, the tribunal, inter alia, held that the activity of digital offset and offset printing amounts to manufacture and the same is classifiable under heading chapter 4911 of the Central Excise Tariff.

GST: HC lambasts AO for passing order without application of mind & opportunity of hearing

January 23, 2023 4029 Views 0 comment Print

HC lambasts AO for passing order which shows total non application of mind and not granting opportunity of hearing to petitioner in violation of section 75(4) of CGST Act.

No Service Tax on activity of digital offset and offset printing: SC

January 23, 2023 3798 Views 1 comment Print

SC held that the activity of digital offset and offset printing amounts to manufacture and same is classifiable under heading chapter 4911 of Central Excise Tariff.

HC issues notice on challenge to vires of Rule 118 being contrary to section 142(11)(c) of CGST Act

January 12, 2023 2775 Views 0 comment Print

HC issues notice on the challenge to the vires of Rule 118 being contrary to section 142(11)(c) of the CGST Act. The petitioner contends no such condition in the statute. The transitional provision is for smooth transition into the new taxation regime and intends to avoid double taxation.

‘Consideration’ defined under Indian contract Act is different from Finance Act

January 12, 2023 1761 Views 0 comment Print

Consideration as defined under Indian contract Act is different from Finance Act. Consideration has to be for provision of service and not forfeiture.

Demand based on audit without any further investigation is liable to be set aside

January 12, 2023 3249 Views 0 comment Print

Innovative and Technological Learning Services Pvt Ltd. Vs Commissioner of CGST (CESTAT Mumbai) Demand based on audit without any further investigation is liable to be set aside on this count alone The appellant is a service provider. It provides services to a educational trust. It paid service tax. It suffered huge losses. As result of […]

Refund of IGST & Duty drawback cannot be withheld for pending investigation

December 26, 2022 1629 Views 0 comment Print

R. K. Copper and Alloy LLP Vs Union of India (Bombay High Court) Applications for refund of IGST and duty drawback on export of Goods. However, on the ground that some investigation is pending, the applications were not processed. The Hon’ble High Court referred to Circular dated 23/01/2020, Press release dated 29/10/2017 and Circular No. […]

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