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Revenue cannot withhold Tax refund for Tax on revenue neutral transaction

March 25, 2022 1497 Views 0 comment Print

Ericsson India Private Limited Vs ACIT (Delhi High Court) It is not as if the petitioner/assessee is not offering unearned revenue for tax; it is only on account of accounting policy followed consistently that unearned revenue is offered for tax in the year in which services are rendered and/or goods are sold. Thus, the transaction, […]

GST Evasion: HC Grants bail to accused as dept already attached property of value in excess of amount of alleged evasion

March 25, 2022 2760 Views 0 comment Print

Niraj Jaidev Arya Vs State of Gujarat (Gujarat High Court) During the course of arguments, it was pointed out by the learned Senior Advocate appearing for the applicant that the respondent-Department has already attached immovable property belonging to the applicant in excess of the amount of alleged evasion or fraudulent claim of input tax credit […]

Liability to pay service tax cannot be imposed on presumption

March 24, 2022 4704 Views 0 comment Print

N.E. Logistics And Anr. Vs Union of India And 2 Ors. (Guwahati High Court) The liability to pay a service tax is not upon a presumption nor can it be based upon a state of indeterminateness on the part of the authorities. The liability to pay a tax has to be conclusively determined that for […]

HC Quashes vague SCN for Cancellation of GST registration

March 24, 2022 8694 Views 0 comment Print

Shah Industries Through Proprietor Vishal Hastimal Sakaria Vs State of Gujarat (Gujarat High Court) The show cause notice is bereft on any material particulars or information. In the absence of any material particulars and the details, it is difficult for any individual to respond to such a vague show cause notice. Probably what the Authority […]

NI Act: It is Not Mandatory for Magistrate to Order Payment of Interim Compensation

March 23, 2022 41874 Views 0 comment Print

Vijaya Vs Shekharappa (Karnataka High Court) Legislature has cautiously worded sub-section (1) of Section 143A of Negotiable Instruments Act, 1881 not to make it mandatory in all cases where clauses (a) and (b) of sub-section (1) would empower the learned Magistrate before whom proceedings are pending consideration to award interim compensation. It is the discretion […]

Interest payable on GST refund after 60 days from the date of receipt of application

March 23, 2022 7170 Views 1 comment Print

Parekh Plastichem Distributors LLP Vs Union of India (Gujarat High Court) The plain reading of Section-56 of the Act would indicate that if any tax, which is ordered to be refunded under Sub-section (5) of Section-54 to any applicant, is not refunded within sixty days from the date of receipt of the application under Sub-section […]

GST Provisional Attachment Order Not Valid after expiry of a period of one year

March 22, 2022 3228 Views 0 comment Print

According to Section 83(2) of the CGST Act, every provisional attachment order ceases to have effect after the expiry of a period of one year from the date the order was passed under Section 83(1) of the CGST Act.

HC explains exemption from service tax to SEZ Developer or Unit to carry on authorised operations

March 22, 2022 4632 Views 0 comment Print

GMR Aerospace Engineering Limited Vs Union of India (Telangana and Andhra Pradesh High Court) Hon’ble Telangana and Andhra Pradesh High Court in GMR AEROSPACE ENGINEERING LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS mentioned that as long as the services are used for authorized operations of the SEZ unit. the same should be exempted from the […]

Gujarat HC allows Condonation Application for Filing Form 10-IC

March 22, 2022 3033 Views 0 comment Print

Rajkamal Healds And Reeds Pvt. Ltd. Vs Assistant Director of Income Tax (Gujarat High Court) HC disposed of this writ application reserving the liberty for the writ applicant to file an appropriate application addressed to the Chief Commissioner Income Tax under Section 119 (2) (b) of the Act referred to above with a request to […]

Notional Interest on Security Deposit paid by employer for accommodation of its employee – perquisites?

March 22, 2022 6318 Views 0 comment Print

CIT Vs Shankar Krishnan (Bombay High Court) Whether Notional Interest on Security Deposit paid by employer for accommodation of its employee will also be included while calculating perquisites. BRIEF FACTS: 1. The Assessee is a salaried employee with McKinley & Company Inc., India. The Assessee was provided with rent free accommodation in Cuffe Parade, Mumbai […]

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