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All High Courts

Conversion of public limited to private limited company doesn’t attract stamp duty

December 8, 2022 4038 Views 0 comment Print

Himachal Pradesh High Court held that stamp duty/ registration fee not leviable on conversion of public limited company to private limited company.

Bail granted in GST evasion case on failure of investigation agency to lead any pre-charge evidence

December 8, 2022 1536 Views 0 comment Print

Punjab & Haryana High Court held that in the present GST evasion case the investigation stands concluded and the investigation agency has failed to lead any pre-charge evidence even after passing of almost 6 months. Bail granted.

Duty drawback already paid needs to be remitted as sale proceeds not received by exporter

December 8, 2022 1668 Views 0 comment Print

Delhi High Court held that duty drawback has been paid to the exporter, but, until now, sale proceeds have not been received against exports, the deeming provision incorporated in the second (2nd) proviso to Section 75 will kick in. Hence, duty drawback needs to be remitted.

Turnover of sale of alcoholic liquor sold in restaurant is taxed separately

December 7, 2022 3513 Views 0 comment Print

Madras High Court held that turnover relating to the sale of alcoholic liquor sold in the restaurant is not to be included in the turnover of foods and drinks as sale of alcoholic liquor is taxable separately.

GST registration cancelled for non-filing of returns to be restored on filing the pending returns

December 7, 2022 3159 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

Cancelled GST to be restored on filing all the pending GST Returns

December 7, 2022 1674 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

GST registration restored on sufficient cause shown for non-payment of GST

December 7, 2022 1038 Views 0 comment Print

Karnataka High Court directed restoration of GST registration as non-payment of GST and non-filing of GST return, on account of bonafide reasons, unavoidable circumstances and sufficient cause du;u accepted

High Court decided not to interfere on issue of leviability of GST @12% or 18% at investigation stage

December 7, 2022 1473 Views 0 comment Print

Jharkhand High Court decided not to interfere on issue of leviability of tax on work of transportation of coal under GTA services leviable at 12% under Chapter Heading No. 9965 or 18% under Chapter Heading No. 9986 at the investigation stage.

Assessee needs to demonstrate that their case is covered within ambit of any settled judgement

December 7, 2022 1500 Views 0 comment Print

Madras High Court held that Supreme Court in the case of State of West Bengal vs. Calcutta Club Limited concluded that sales tax is not payable on any sale of goods in the form of food, refreshments and drinks including liquors by the club to its permanent members. However, petitioner needs to demonstrate that their case comes within the ambit of said judgement.

Reopening of assessment without fresh material is unsustainable

December 7, 2022 1419 Views 0 comment Print

Delhi High Court held that addition on the basis of single seized document is unsustainable as no fresh material was taken into account by the AO for reopening the assessment under Section 147 of the Act.

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