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No denial of SVLDR benefit when liability was confirmed in writing & acknowledged by declarant before designated date

February 13, 2021 666 Views 0 comment Print

Bhoomi Developers Vs Union Of India & Ors. (High Court Bombay) Issue raised in the present writ petition i.e. eligibility of the petitioner or maintainability of its declaration to avail the benefits of the scheme under the category of investigation, enquiry or audit on the ground that amount of the service tax dues of the […]

Financial Leasing Services: Service Tax on interest on loan prior to 01.03.2006?

February 12, 2021 2610 Views 0 comment Print

Commissioner of CGST & Central Excise Vs Shriram Transport Finance Company Ltd. (Bombay High Court) Whether for the period prior to 01.03.2006, service tax is recoverable on entire interest component collected as equated monthly installments on transactions relating to ‘Financial Leasing Services including equipment leasing and hire-purchase’, in absence of any mechanism to bifurcate the […]

Fake ITC availment case: HC refuses to interfere with the investigations

February 12, 2021 2334 Views 0 comment Print

Kaushal Kumar Mishra Vs. Additional Director General, Ludhiana Zonal Unit And Another (High Court Of Punjab And Haryana) High Court held that we are of the view that the investigations being conducted by competent Officers against the petitioner are not hit by provisions of Section 6(2)(b) of CGST Act, 2017. So, we see no reason […]

HC explains validity of invocation of section 153A based on statement recorded in search action against a third person

February 12, 2021 3939 Views 0 comment Print

Section 153A Invalid Where Statement Belonging And Pertaining To Person Other Than Searched Person Used To Assume Jurisdiction and Only Section 153C Can Be Invoked And Without Cross Examination Of Witness There Can Be No Valid Proceedings Under Law.   

SVLDR Scheme: Statement by Director during enquiry was admission of liability

February 12, 2021 696 Views 0 comment Print

Sabka Vishwas (LDR) Scheme – Statement by Director during enquiry is admission of liability: The Bombay High Court has reiterated that for eligibility under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, the quantification need not be on completion of investigation by issuing show-cause notice or the amount that may be determined upon adjudication before the cut-off date.

HC Grants bail to person allegedly involved in Rs. 9 Cr GST Evasion

February 11, 2021 699 Views 0 comment Print

It is submitted that it is a case of total evasion of GST and disposing the manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd

Order of transfer passed without mala fide reason after giving proper Opportunity was valid

February 11, 2021 1071 Views 0 comment Print

Dev Wines Sales Corporation Vs PCIT (Delhi High Court) An order of transfer is more in the nature of an administrative exercise of power and the scope of interference wherein in any case is limited and unless the administrative power is shown to have been exercised without authority under the law and/or for mala fide […]

HC Grant stay to ‘Tata Starbucks’ subject to payment of principal profiteered amount

February 11, 2021 1086 Views 0 comment Print

Tata Starbucks Private Limited Vs Union of India (Delhi High Court) Subject to the petitioner depositing the entire principal profiteered amount i.e. Rs. 1,04,70,664/- as levied excluding the GST amount already deposited, within four months, in equal monthly instalments, there shall be a stay, as far as the direction for payment is concerned. FULL TEXT […]

Bail granted in case of alleged availment of fraudulently ITC

February 11, 2021 1389 Views 0 comment Print

Lupita Saluja Vs DGGI (Delhi High Court) It is not in dispute that on the day the impugned order has been passed, the said Judge granted regular bail to the husband of the applicant after spending nearly 50 days in custody who is the person involved in day-to-day affairs of the company, however, dismissed the […]

GST Evasion Case: HC Grants Conditional Regular Bail

February 11, 2021 1041 Views 0 comment Print

The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

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