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Sumit Wadhva

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Section 4(5) of Gratuity Act Applies only when there are options

May 7, 2020 15207 Views 3 comments Print

Section 4(5) of the Gratuity Act applies only when there are options for the employee under the Act and under contract with employer: Supreme Court  APEX COURT DECISION IN THE MATTER OF BCH ELECTRIC LIMITED VS. PRADEEP MEHRA & ANOTHERS [CIVIL APPEAL NOS. 2379 TO 2382]  The Hon’ble Apex Court held that Section 4(5) of […]

Every Customer entitled to tax rate reduction benefit by way of Reduced Prices

April 28, 2020 633 Views 0 comment Print

Every Recipient/Customer is Entitled to the Benefit of tax Rate Reduction by way of Reduced Prices: National Anti-Profiteering Authority [Ref: State Tax Officer Versus Cilantro Diners Private Limited (Case No. 18 Of 2020)] (A) BRIEF FACTS Application was filed under Rule 128 of the Central Goods and Services Rules, 2017 [“CGST Rules”] alleging profiteering in […]

Issues under GST for Companies under IBC, 2016

April 26, 2020 4551 Views 0 comment Print

Clarification In Respect of Issues Under GST Law For Companies Under Insolvency And Bankruptcy Code, 2016 (IBC 2016) OVERVIEW  Insolvency and Bankruptcy Code, 2016 (IBC) is an evolving legislation, still being interpreted by courts in order to harmonize IBC with our related legal policy. The Hon’ble Supreme Court in the matter of State Bank Of […]

GST interest recovery proceeding not Permissible without initiating adjudication proceedings

April 25, 2020 6675 Views 0 comment Print

Whether interest liability under Section 50 of the Central Goods and Services Tax Act, 2017 (for short ‘CGST Act’) can be determined without initiating any adjudication process either u/s 73 or 74 of the CGST Act in the event of an assessee raising dispute towards liability of interest?

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