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Land within 1 Km from local limits of municipality having population of more than 25,000 is Capital Asset

March 1, 2020 13191 Views 0 comment Print

In view of the foregoing, the documentary material shown to us by the Respondent leads to the conclusion that the land in question would be categorized as a capital asset. Therefore, the assessee cannot claim the benefit of exemption to agricultural land and hence, the compensation received by the assessee in pursuance of land acquisition proceedings, is subject to tax and the refund has been rightly rejected,

HC denies Bail to CA in alleged fake GST invoice case

February 28, 2020 1485 Views 0 comment Print

Arvind Kumar Munka Vs Union of India (Calcutta High Court) The petitioner as I have been found in the earlier order that he is a Chartered Accountant by profession and with the similar contention he has averred that he is no way connected with the instant case. The petitioner has been arraigned as an accused […]

Redemption Fine is covered under SVLDRS

February 27, 2020 2190 Views 0 comment Print

Messrs Synpol Products Pvt. Ltd. Vs. Union of India (Gujarat High Court) When the respondents had issued show cause notice demanding excise duty together with confiscation of the goods in terms of Rule 25 (a) and (d) of the Central Excise Rules, 2002 and redemption fine in lieu of confiscation under Rule-25 as goods were […]

HC directs inspection of teer-counters Curb & to check for GST Evasion

February 27, 2020 2334 Views 1 comment Print

If any operator of teer-counter has an obligation to get himself registered under the Meghalaya Goods and Service Tax Act, 2017, he should be required to obtain necessary registration and make payment of due amount of GST.

HC Denies Reliefs against Detention order under GST Law

February 27, 2020 825 Views 0 comment Print

High Court denied the grant of reliefs to the petitioner against the detention order passed under Uttar Pradesh Goods and Services Tax Act, 2017.

Detention of goods with vehicle despite no discrepancy in documents & good

February 26, 2020 1110 Views 0 comment Print

 It was submitted that in the absence of any discrepancy in the documents and the goods, it is not permissible for the respondents to confiscate either the vehicle or the goods.

No IGST liability on ocean freight and hence collected IGST will be refunded

February 26, 2020 3294 Views 0 comment Print

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]

AP HC stays recovery of Section 50 Interest on ITC under GST

February 26, 2020 17001 Views 0 comment Print

Considering facts that as per Section 50 of the Central Goods and Services Act, 2017, interest is payable on the delayed payment of tax and that as per the interest statement filed along with the impugned letter, dated 07.02.2020, there was delay in filing GSTR-3B and hence, interest on ‘cash set off’ and ‘ITC set off’ has been calculated and payment thereof has been asked for, recovery of interest against the petitioner, insofar it relates to `I.T.C. set off, shall remain stayed.

Consider application for refund of ITC on merits: HC to TN VAT Authorities

February 26, 2020 696 Views 0 comment Print

Myres Tyre Supply (India) Limited Vs Assistant Commissioner (ST) (Madras High Court) In addition to writ with High Court appellant had also moved an application for refund of the Input Tax Credit (ITC) claimed under the TNVAT Act and this application was without prejudice to their rights under section 140(3) of the TNGST Act. The […]

GST: HC allows release of goods on Payment of 25% of disputed tax & penalty

February 25, 2020 891 Views 0 comment Print

Chandimata Iron Vs State of Tripura (Tripura High Court) Since the order under challenge in this petition is appealable, we permit the petitioner to pursue such appeal for which, we are informed limitation period has yet not expired. However, considering the facts of the case, the goods of the petitioner which are in the nature […]

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