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Expenditure towards development of software never came into existence is revenue in nature

December 8, 2022 1998 Views 0 comment Print

Bombay High Court held that expenditure towards development of a software which never came into existence is revenue in nature as it doesn’t give rise to any new asset.

Notice is mandatory for physical verification of place of business under Rule 25 of CGST Rules, 2017

December 8, 2022 14079 Views 0 comment Print

Bimal Kothari Vs Assistant Commissioner (DSGST) & Ors (Delhi High court) The Hon’ble Delhi High Court (“the High Court”) in the case of M/s. Bimal Kothatri v. Assistant Commissioner (DSGST) & Ors. [(W.P.(C) 9207/2019 & CM No. 37947/2019] dated November 01, 2022, held that cancellation of GST registration is not sustainable when no notice was […]

Conversion of public limited to private limited company doesn’t attract stamp duty

December 8, 2022 3219 Views 0 comment Print

Himachal Pradesh High Court held that stamp duty/ registration fee not leviable on conversion of public limited company to private limited company.

Bail granted in GST evasion case on failure of investigation agency to lead any pre-charge evidence

December 8, 2022 1227 Views 0 comment Print

Punjab & Haryana High Court held that in the present GST evasion case the investigation stands concluded and the investigation agency has failed to lead any pre-charge evidence even after passing of almost 6 months. Bail granted.

Duty drawback already paid needs to be remitted as sale proceeds not received by exporter

December 8, 2022 1305 Views 0 comment Print

Delhi High Court held that duty drawback has been paid to the exporter, but, until now, sale proceeds have not been received against exports, the deeming provision incorporated in the second (2nd) proviso to Section 75 will kick in. Hence, duty drawback needs to be remitted.

Turnover of sale of alcoholic liquor sold in restaurant is taxed separately

December 7, 2022 2907 Views 0 comment Print

Madras High Court held that turnover relating to the sale of alcoholic liquor sold in the restaurant is not to be included in the turnover of foods and drinks as sale of alcoholic liquor is taxable separately.

GST registration cancelled for non-filing of returns to be restored on filing the pending returns

December 7, 2022 2904 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

Cancelled GST to be restored on filing all the pending GST Returns

December 7, 2022 1407 Views 0 comment Print

Madras High Court directed the petitioner to file the pending GST returns thereafter the GST registration cancelled, on account of non-filing of GST return for continuous period of 6 months, will be restored

GST registration restored on sufficient cause shown for non-payment of GST

December 7, 2022 795 Views 0 comment Print

Karnataka High Court directed restoration of GST registration as non-payment of GST and non-filing of GST return, on account of bonafide reasons, unavoidable circumstances and sufficient cause du;u accepted

High Court decided not to interfere on issue of leviability of GST @12% or 18% at investigation stage

December 7, 2022 1146 Views 0 comment Print

Jharkhand High Court decided not to interfere on issue of leviability of tax on work of transportation of coal under GTA services leviable at 12% under Chapter Heading No. 9965 or 18% under Chapter Heading No. 9986 at the investigation stage.

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