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TDS not deductible if payees were not identified

December 13, 2021 6333 Views 1 comment Print

Volvo India Pvt. Ltd. Vs ITO (TDS) (Karnataka High Court) The facts of the said case would indicate that the provisions made at the end of the accounting year were reversed in the beginning of the next year and no payees were identified including the exact amount of liability. In such circumstances, the Tribunal following […]

Rule 86A- ITC cannot be blocked for more than a year- HC lifts restriction

December 13, 2021 7173 Views 0 comment Print

Advent India PE Advisors Private Limited Vs Union of India and Ors. (Bombay High Court) Having regard to the statutory mandate in sub-rule (3) of rule 86A, the petitioner is entitled to claim that the input tax credit ought to have been unblocked immediately after one year of the restriction being imposed under sub-rule (1) […]

HC directs GSTN to facilitate filing of TRAN-1 by Petitioner

December 13, 2021 861 Views 0 comment Print

Ashok Kumar Meher Vs Commissioner of Sales Tax & GST (Orissa High Court) HC held that The plea of technical difficulties or technical glitches will not come in the way of the above order being given effect to. For this purpose a direction is issued to GSTN to either modify or make changes in the […]

CBDT notifications not empowers department to put into oblivion section 148A provisions

December 12, 2021 2910 Views 0 comment Print

JSVM Plywood Industries Ltd Vs Union of India (Gauhati High Court) Prima facie opinion of the Court, for the purpose of interim order, is that by virtue of notifications dated 27.02.2021 and 31.03.2021 issued by the Central Board of Direct Taxes, as referred herein before, though extends the period of limitation in respect of issuance […]

Madras HC directs issue of Form SVLDRS-4 as revenue accepts mistake in Tax calculation

December 12, 2021 3813 Views 0 comment Print

HC directed the Revenue Department to issue a discharge certificate in FORM SVLDRS-4 either manually or electronically for the payment made by the assessee under the Sabka Vishwas Legacy Disputes Resolution Scheme, 2019 (SVLDR Scheme) as no tax dues are pending.

OVAT Act- No reopening prior to 01.10.2015 if No acceptance of return filed as ‘self-assessment’

December 12, 2021 2403 Views 0 comment Print

Keshab Automobiles Vs State of Odisha (Orissa High Court) A comparison of the language used in the amended Section 43 (1) of the OVAT Act with its version prior to 1st October, 2015 makes it clear that a new system has been put in place as far as reopening of returns filed as ‘self-assessmen’ is […]

No penalty if no wilful suppression of facts with intention of evading excise duty

December 12, 2021 2094 Views 0 comment Print

Water Resources Development Vs Commissioner of Central Excise (Bombay High Court) When the material on record is perused it becomes clear that in the reply to the show cause notice itself the appellant had stated that in view of exemption Notification No.74/1993 which was applicable to it till 31.3.1996, the appellant was not aware of […]

GST refund on Inter-State supply subsequently held as intra-State supply- HC refers matter back to Appellate Authority

December 12, 2021 1953 Views 0 comment Print

Refund is also available when the inter-State or intra-State supply made by a taxpayer, is subsequently found by taxpayer himself as intra-State and inter-State respectively, therefore, the matter may be remitted to the concerned appellate authority for the consideration of his claim/application made under sub-rule (1) of Rule 89 of the Rules, 2017

CST ‘turnover’ cannot be included for determination of tax liability/filing of Returns under TNVAT Act, 2006

December 12, 2021 2316 Views 0 comment Print

Schneider Electric India Pvt.Limited Vs Assistant Commissioner (ST) (Madras High Court) Rule 8 of the TNVAT Rules, 2007 prescribes a method of determination of ‘taxable turnover‘ for the purpose of payment of tax. It is not to be read to mean that CST ‘turnover’ is to be included either for determination of tax liability under […]

HC stayed payment of GST for grant of mining lease/royalty

December 11, 2021 2439 Views 0 comment Print

Learned counsel for the petitioner has vehemently urged that the royalty payment is tax and not consideration in the context of the privilege parted by the State allowing the petitioner and others to mine sand. That being the nature of the payment made by the petitioner, the same is not amenable to GST as it is not consideration either for sale of goods or service provided.

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