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Canvat carry forward under GST regime cannot be denied for late payment

September 5, 2022 1065 Views 0 comment Print

Assistant Commissioner of GST & Central Excise Vs Ganges International Private Limited (Madras High Court) High Court held that carry forward of service tax eligible for CENVAT in erstwhile regime cannot be denied for late payment can be denied under GST due to Transitional Period and inability of the petitioner to claim through filing FORM GST […]

Validity of an order has to be adjudged on the basis of reasoning contained therein

September 5, 2022 597 Views 0 comment Print

Lupin Ltd Vs Union of India (Jammu & Kashmir High Court) Initially, the petitioner was declared to be eligible for exemption/budgetary support till 05.02.2023 but after the subsequent investigation, in view of the order dated 26.07.2021, the petitioner’s unit was found eligible for such benefit only upto 06.11.2017. Therefore, the claim of the petitioner for […]

State cannot act arbitrarily while considering claim of citizens for grant of State largesse

September 5, 2022 840 Views 0 comment Print

Ours being a Welfare State, the respondents who happen to be instrumentalities of the State under Article 12, cannot act arbitrarily or unreasonably whilst considering the claim of citizens for the grant of State largesse.

Section 143(1) order is not an Assessment for Section 147

September 5, 2022 3237 Views 0 comment Print

Ernst And Young U.S. LLP Vs ACIT (Delhi High Court) Supreme Court and this Court have repeatedly held that when the original proceeding has been completed under Section 143(1), there is no need for fresh tangible material for reopening the assessment and the doctrine of change of opinion does not arise since under Section 143(1) […]

No Bar on CENVAT Credit availment Under Rule 3(7) When CVD Availed

September 5, 2022 849 Views 0 comment Print

Taking into consideration Notification No. 12/2012-Cus there is no bar for availment of CENVAT Credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus and CENVAT Credit cannot be denied.

SVLDRS benefit cannot be denied for Section 125 GST Enquiry notice after cut-off date

September 5, 2022 708 Views 0 comment Print

Sonjoli Construction Co. Vs Union of India (Rajasthan High Court) Petitioner submitted that the petitioner was entitled to apply under the SVLDR Scheme and he filed the timely application and deposited the due tax amount under the said Scheme. However, application filed by the petitioner has been rejected only an erroneous ground that audit had […]

ESOP price difference between offer & market price allowable as revenue expense

September 5, 2022 1728 Views 0 comment Print

PVR Ltd Vs CIT (Delhi High Court) HC held that ITAT erred in law in holding that the difference between the price at which stock options were offered to employees of the appellant company under ESOP and ESPS and the prevailing market price of the stock on the date of grant of such options was […]

No Penalty under Section 129 for Bonafide Mistakes in E-Way Bill

September 5, 2022 2838 Views 0 comment Print

Shanu Events Vs State of U.P (Allahabad High Court) Perusal of the e-way bill reveals, the petitioner made an inadvertent error in applying for the e-way bill. After mentioning the place of shipment to ‘Kumbh Mela, Haridwar, Uttarakhand’, the words ‘Madhya Pradesh – 483501’ were filled up. The address having been thus wrongly filled up […]

Allahabad HC Quashed Section 148 reassessment Notice for A.Y. 2014-15

September 5, 2022 1275 Views 0 comment Print

Priya Vs ITO (Allahabad High Court) Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Gaurav Mahajan, learned counsel for the respondent nos. 1 and 2/ Income Tax Department. This writ petition has been filed praying, inter alia, for the following relief:- “(i) Issue a writ, or direction in the nature of certiorari […]

GST: Interest leviable despite Availability of Credit in Cash/Credit Ledgers if No Payment was Made

September 4, 2022 6552 Views 0 comment Print

HC ruled that in a case where tax has not been remitted, interest U/s. 50 of the GST Acts is leviable even if the tax payer has adequate credit in his cash ledger or credit ledger. In essence, credit cannot be equated with cash remittances.

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