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Misclassification & voluntary registration perse will not create liability

March 12, 2020 2232 Views 0 comment Print

N J Devani Builders Pvt. Ltd Vs Union Of India (Gujarat High Court) Petitioner had voluntarily registered under the head of ‘commercial /industrial construction services’, the petitioner is liable to pay service tax, is not tenable as the petitioner cannot be held to be liable to pay service tax before 01.06.2007, where, it is not […]

C-Form benefits cannot be rejected merely for belatedly filing

March 11, 2020 4464 Views 0 comment Print

TATA Hitachi Construction Machinery Company Pvt. Ltd. Vs State of Karnataka (Karnataka High Court) The issue under consideration is whether Tribunal was correct in rejecting the C-Forms submitted by the petitioner and hence denying statutory benefits? The Appellate Tribunal at the threshold has rejected the declaration forms on the ground of delay. It is well […]

HC Allows filing of GST TRAN­1 which was not filed due to technical glitches

March 11, 2020 594 Views 0 comment Print

Kambay Aromatics Vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1. In view of the settled legal position as stated […]

Delay in uploading of GST TRAN 1 due to technical glitches was justified

March 11, 2020 1146 Views 0 comment Print

Assessee should upload the form GST TRAN1 within a period of two weeks from the date of receipt of the writ of this order as the delay was due to technical glitches in the GST portal.

Section 234E is not violative of Constitution of India: Madras HC

March 11, 2020 4863 Views 0 comment Print

Qatalys Software Technologies Private Limited Vs Union of India (Madras High Court) Revenue is right in contending that Section 234 (E) of the Act is not a penalty. Penalty is levied under Section 271 (H) and is not automatic. Penalty is levied only when tax is deducted at source along with interest fee is not deposited […]

SEZ Units Entitled to Claim Refund of Unutilized IGST Credits

March 11, 2020 7308 Views 0 comment Print

High Court observed that as per the definition of ISD under Section 2(61) of CGST Act and facts of the present case, it is not possible for a supplier of goods and services to file a refund application to claim refund of input tax credit distributed by ISD.

Form TRAN-1 | Technical glitches on GST Portal | Applicant cannot be Penalised

March 11, 2020 1164 Views 0 comment Print

Darsh Pharmachem Pvt. Ltd. Vs Superintendent, Central GST (Gujarat High Court) The writ-applicant is engaged in the business of manufacturing of pharmaceutical products. As provided under Section 140 of the CGST Act, 2017, the writ applicant tried to upload Form TRAN-1 for the purpose of claiming the ITC credit on-line. However on account of the […]

Transitional credit Claim| Enable filing of form GST TRAN-1 – HC

March 11, 2020 576 Views 0 comment Print

Siddhi Developers vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1. In view of the settled legal position as stated […]

Power distribution companies eligible for deduction of efficiency gain amount set apart

March 11, 2020 2214 Views 0 comment Print

DCIT Vs TATA Power Delhi Distribution Ltd. (Delhi High Court) Assessee is under a statutory obligation to set apart 50% of the excess amount generated due to the overreaching of the targets, for the purpose of the consideration of the DERC to fix the future tariffs either  to give relief to the consumers or otherwise. […]

IF VAT Rate reduced by Govt, Similar reduction should also be in Entry Tax Rate: HC

March 11, 2020 1080 Views 0 comment Print

Jindal Stainless Hisar Ltd Vs State of Gujarat  (Gujarat High Court) It is the case of the petitioners that while the State Government reduced the applicable rate of tax under the VAT Act on stainless steel flats and sheets to 1% it did not correspondingly reduce the rate of entry tax applicable to the same goods […]

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