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Expression ‘for use’ means intended for use: HC

December 22, 2020 4407 Views 0 comment Print

Ratnagiri Impex Pvt. Ltd. Vs Commissioner of Customs (Karnataka High Court) The Supreme Court in Dalmia Dadri Cement Ltd. supra while considering the expression ‘for use’ in Section 5(2)(a)(v) of the Punjab General Sales Tax Act held that the aforesaid expression means intended for use. It was further held that inability to prove the actual […]

HC directs department to refund Service Tax Recovered in excess of amount approved by resolution plan

December 22, 2020 2064 Views 0 comment Print

GGS Infrastructure Private Limited Vs Commissioner of CGST & Central Excise (Bombay High Court) Once a resolution plan is approved by the committee of creditors by the requisite percentage of voting and the same is thereafter sanctioned by the adjudicating authority (Tribunal in this case), the same is binding on all the stakeholders including the […]

Lottery Sale: One State cannot make Rules impacting authority of other States

December 22, 2020 3132 Views 0 comment Print

Future Gaming and Hotel Services Pvt. Ltd. Vs State of Kerala (Kerala High court) Conclusion: No State can exercise its authority by making Rules in such a way to impact upon authority of other States to organise, conduct and promotion of lottery. That power is exclusively given to the Central Government. Therefore, State of Kerala […]

Issue appropriate Discharge Certificate under SVLDR Scheme: HC

December 21, 2020 1134 Views 0 comment Print

The SVLDR Scheme contemplates ‘Tax Relief’ as detailed in Section 124: Section 124(2) stipulates that the ‘Tax Relief’’ shall be calculated subject to the condition that any deposit during enquiry or investigation or audit shall be deducted when issuing the statement indicating the amount payable by a declarant and subject to the condition that if the amount so paid exceeds the amount payable by the declarant as indicated in the statement, the declarant shall not be entitled to any relief.

Value of All Invoices in a Consignment Relevant For E-Way Bill Generation

December 21, 2020 4836 Views 0 comment Print

Bon Cargos Private Limited Vs Assistant State Tax Officer (Kerala High Court) Explanation 2 to Section 138 defines the consignment value of goods to be that declared in an invoice, a bill of supply or a delivery chalan including the goods and services tax payable with any Cess charged. Sub-Rule (1) read with Explanation 2 […]

No section 48 deduction for clearing off mortgage created by assessee prior to transfer of land

December 21, 2020 1041 Views 0 comment Print

Tmt.T.A.H.Zubaida Ummal Vs ITO (Madras High Court) Conclusion: Where the mortgage had been created by the owner after he had acquired the property, the clearing of the mortgage by him prior to the transfer of the property would not entitle him to claim deduction under Section 48 because, in such a case he did not […]

AO Cannot Ignore Mandate of Rule 28AA & Proceed on Any Other Basis

December 21, 2020 3483 Views 0 comment Print

Manpowergroup Services India Pvt. Ltd. Vs CIT (Delhi High Court) THE ASSESSING OFFICER CANNOT IGNORE THE MANDATE OF RULE 28AA AND PROCEED ON ANY OTHER BASIS AS THE GOVERNMENT IS BOUND TO FOLLOW THE RULES AND STANDARDS THEY THEMSELVES HAD SET ON PAIN OF THEIR ACTION BEING INVALIDATED. CONSEQUENTLY, THE IMPUGNED ORDER IS QUASHED ON […]

HC grants bail to person accused of availing fraudulent ITC of Rs. 10.84 Cr

December 21, 2020 972 Views 0 comment Print

Sh Raghav Agarwal Vs Commissioner of Central Tax And GST Delhi North (Delhi High Court) 2. The applicant was arrested by an Arrest Memo dated 18.11.2020, issued by the Superintendent (Anti-Evasion), Commissioner Central Tax, GST Delhi 3. Mr Gupta, learned senior counsel appearing for the applicant has referred to the Arrest Memo, which indicates that […]

Proper Officer can possess Confiscated Goods if taxpayer opts not to pay tax payable, penalty & other charges

December 21, 2020 2181 Views 0 comment Print

M.S. Meghdoot Logistics Vs Commercial Tax Officer (Karnataka High Court) Proper Officer was empowered to possess Confiscated Goods if option to pay Fine in addition to the tax payable, penalty and other charges was not exercised Conclusion: Where proper officer, who had detained the conveyance and seized the goods was able to form opinion that […]

HC quashes Commissioner Appeal Order for Not Issuing Personal Hearing Record

December 21, 2020 1824 Views 0 comment Print

Metrolite Roofing Pvt. Ltd. Vs The Dy. Commissioner of Central Tax and Central Excise (Kerala High Court) High Court of Kerala Quashes Appeal Commissioner’s Order for Not Issuing Record of Personal Hearing as Per CBIC Instruction. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT In all these Writ Petitions, the issue that is raised while […]

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