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Non-grant of transitional credit – HC directs appellant to take benefit of SC decision in Filco Trade

December 25, 2022 1413 Views 0 comment Print

Rockland Media And Communication Pvt. Ltd. Vs Union of India (Gauhati High Court) The petitioner is challenging the non-grant of transitional credit under Section 140 of the Central Goods and Services Tax Act, 2017 and the Assam Goods and Services Tax Act, 2017. The petitioner’s counsel submits that the writ petition can be disposed of […]

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

December 25, 2022 960 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 […]

Centralised Service income of Startwood Hotel from Indian Customers not FTS: HC

December 25, 2022 528 Views 0 comment Print

ITAT has erred in holding that the entire payments received by the Assessee from its Indian Customers on account of Centralized Services viz. sales and marketing, loyalty programs, reservation service, technological service, operational services and training programs/human resources do not constitute ‘Fee for Technical Services’ as defined under Section 9(l)(vii) of the Income Tax Act, 1961 (the ‘Act’) or ‘Fee for included services’ as defined under Articles 12(4) (a) of the Indo-US DTAA.

Gauhati HC grants bail in alleged GST Commissioner Bribery Case

December 25, 2022 1188 Views 0 comment Print

Commissioner- Shri Raju Shakthivel demanded a sum of Rs. 4,50,000/ i.e.@ 10% of the demand of Service Tax, through conduits for a favorable order in the said appeal.

HC allows GST TRAN-1 filing related to distribution and eligibility of ISD Credit

December 25, 2022 3804 Views 0 comment Print

Nuvoco Vistas Corporation Ltd. Vs Union of India and Ors (Bombay high Court) The present petition has been filed in relation to the procedural difficulties/objections raised with regard to distribution and eligibility of Input Service Distributor (ISD) credit of Service Tax under Section 140 of the CGST Act 2017. It is petitioner’s case is that […]

Proceedings initiated after prelude of GST under KVAT valid because of savings clause

December 24, 2022 2289 Views 0 comment Print

Kerala High Court held that proceedings initiated under Kerala Value Added Tax Act, 2003 (KVAT Act) after prelude of GST is valid on the basis of proceedings covered by the savings clause of section 174(2) of the Kerala State Goods and Services Tax Act, 2017 (KSGST Act).

Preventive Detention U/s 3 of Cofeposa Act is not sustainable if Legible & Translated Copies of Ruds not supplied to Detenue

December 24, 2022 2589 Views 0 comment Print

HC held that Preventive Detention Under Section 3 of Cofeposa Act Is Not Sustainable If Legible And Translated Copies of Ruds  Not Been Supplied to Detenue

HC set aside Ex parte order passed without granting reasonable time

December 24, 2022 2298 Views 0 comment Print

Action on the part of the Respondents in not issuing notice granting reasonable time to the Petitioner to remain present and passing ex parte Order is passed in gross violation of principle of natural justice.

HC directs dept to consider representation to rectify place of supply in GSTR-1

December 24, 2022 3357 Views 0 comment Print

Petitioner seeks an order and direction against to it to rectify inadvertent mistake in mentioning incorrect place of supply in Form GSTR1

No recovery of tax to be made during search, inspection or investigation unless it is voluntary

December 24, 2022 6576 Views 0 comment Print

HC held that, payment of tax made during the conduct of search cannot be considered as voluntary payment of tax. Further directed the Revenue Department to refund the amount deposited by the assessee along with the interest.

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