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Compliance of GST (Compensation to States) Act, 2017 is Not Mandatory

October 28, 2020 1332 Views 0 comment Print

G. Sundarrajan Vs Union of India (Madras High Court) The issue under consideration is whether compliance of Goods and Services Tax (Compensation to States) Act, 2017 is mandatory? High Court states that, the mere employment of the word ‘shall’ in Section 7(1) of the Goods and Services Tax (Compensation to States) Act, 2017 cannot be […]

HC Grant Regular Bail to Petitioner accused of Fraudulently availing ITC

October 28, 2020 1209 Views 0 comment Print

The present petition is filed for seeking bail to the petitioner accused of fraudulently availing ITC without any invoice or bill. The trial will take time to conclude, especially due to prevailing situation of Covid-19. Thus, the petition is allowed and the petitioner is ordered to be released on regular bail.

Prosecution can be launched before Income Tax Assessment completion : HC

October 28, 2020 5829 Views 0 comment Print

Prosecution proceedings were separate and distinct from the assessment or re­assessment proceedings. There was no requirement under the Act that the assessment proceedings should be completed before launching prosecution. HC refused to quash prosecution for the compounding of offense under Section 276C(1) of Income Tax Act.

Interest payable only on Gross GST Liability even Prior to Section 50 Amendment

October 27, 2020 3948 Views 1 comment Print

The issue under consideration is whether interest under section 50 of the Central Goods and Service Tax Act, 2017 is to be levied on the gross tax liability? HC are of the view that no live issue survives for adjudication in this case. Recovery notices issued by the respondents are hereby quashed.

Adjudication Order must be Speaking & should deal with facts: HC

October 27, 2020 7968 Views 0 comment Print

The issue under consideration is whether the order passed by the custom officer against the self assessment done by petitioner without stating any specific reason is sustainable in law?

SVLDR application rejection for sending Via email not justified: HC

October 27, 2020 1209 Views 0 comment Print

The issue under consideration is application of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR) communicated via email is justified in law?

HC Directed to amend RC & Permit Petitioner to Upload Returns for Past Period to Avail Eligible ITC

October 27, 2020 591 Views 0 comment Print

The current petition is filed to seek the permission to upload the returns for the past period to avail eligible Input Tax Credit (ITC). direct the respondents to amend the Registration Certificate issued to the petitioner so as to make it valid from 01.07.2017, and permit the petitioner to upload the returns for the past period.

Wind up of six Mutual Fund Schemes by Fanklin should be with consent of unit-holders: HC

October 24, 2020 2115 Views 0 comment Print

SEBI Vs Franklin Templeton Trustees Services Pvt. Ltd (Karnataka High Court) i) We hold that no interference is called for in the decision of the Trustees taken on 23rd April 2020 of winding up the said six Schemes; ii) We hold and declare that the decision of the Trustees (the Franklin Templeton Trustee Services private […]

GST Interest on Gross Tax Liability : HC disposes writ as per Administrative Instruction

October 23, 2020 1092 Views 0 comment Print

Parnika Commercial And Estates Private Ltd. Vs Union of India (Delhi High Court) Bu this writ Petitioner had sought a declaration that the liability to pay interest under Section 50 of the Central Goods and Services Tax Act, 2017  is confined only to the net tax liability and no interest is payable on the available […]

RTCA files writ in HC for Tax Audit Due date extension (Read Petition)

October 22, 2020 13797 Views 0 comment Print

Rajasthan Tax Consultants Association  has filed a writ with Hon;ble Rajasthan High Court to direct the CBDT to decide the representation of the RTCA requesting extension  due date of filing of Tax Audit Report and Income-tax Return for the assessment year 2020-2021 till December 31, 2020. Relevant Text of the Petition is as follows:- The […]

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