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Writ petition challenging leviability of GST on royalty rejected

September 29, 2022 5085 Views 0 comment Print

Rajasthan High Court held rejected the writ petition filed challenging leviability of GST on royalty as matter already decided by Hon’ble Supreme Court

Section 80IC benefit ineligible to unit outsourcing most of production process

September 29, 2022 894 Views 0 comment Print

Himachal Pradesh High Court held that benefit u/s 80IC not available when only small part of entire process is carried out at unit and other process is outsourced.

Section 80(I) deduction eligible on Interest on delayed payment from debtors

September 29, 2022 1542 Views 0 comment Print

The controversy revolves around the word ‘derived’ and the word ‘industrial undertaking’. The question is whether the interest paid on delayed payments form part of profits and gains derived from an industrial undertaking?

Cenvat credit available on service tax paid to commission agent

September 28, 2022 1746 Views 1 comment Print

Calcutta High Court held that cenvat credit of service tax paid to the commission agent is available, as the commission so paid is included in the assessable value of the final product.

Extended period of limitation cannot be invoked due to mere change of departmental view

September 28, 2022 3351 Views 0 comment Print

Bombay High Court held that mere change of view by the department, the respondent could not have been said to have either mis-declared or suppressed facts in classifying its goods at the time of its import and hence extended period of limitation cannot be invoked.

Reopening of assessment cannot be done against a dead Assessee

September 28, 2022 3351 Views 0 comment Print

Bombay High Court held that reopening of assessment cannot be done against a dead Assessee under the Income Tax Act, 1961.

Discretion vested with Judicial Forum must be exercised lawfully in a Judicious manner

September 28, 2022 1896 Views 0 comment Print

Ganpat Pannalal Vs State Bank of India (Madhya Pradesh High Court) Conclusion: In the said case, the Hon’ble High Court while remanding the case to the Tribunal observed that the Tribunal under Section 22(1)(g) of the Recovery of Debts and Bankruptcy Act, 1993 was competent to restore the Securitization Application by imposition of reasonable cost […]

GST Inspection/Search by Assistant Commissioner based on valid authorization by Chief Commissioner is valid

September 28, 2022 1536 Views 0 comment Print

Inspection/Search by Assistant Commissioner (ST) is valid on basis of authorization by Chief Commissioner under section 2(91) of the GST Act

GST registration cannot be cancelled based on Legally Flawed Proceedings

September 27, 2022 7941 Views 0 comment Print

Pratibha-Mosinzhstroi Consortium Vs Commissioner of CGST (Delhi High Court) High Court held that Impugned order cannot cancelling GST Registration of Appellant be sustained for the following reasons which proves that entire Proceedings was Legally Flawed (i) Firstly, the SCN dated 08.07.2021 gave no clue whatsoever, as to what was the infraction committed by the petitioner-consortium, […]

Mere Emails & Form 16A not Sufficient to prove Employer-Employee Relationship

September 27, 2022 16833 Views 1 comment Print

Mere submission of emails & form 16A, do not, in any way, prove that there existed any relationship of employer employee between parties

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