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Notice for recovery under GST must be issued in Form GST DRC 07

March 23, 2021 7338 Views 0 comment Print

Rajkamal Builder Infrastructure Private Limited Vs Union of India (Gujarat High Court) Plain reading of the Rule 142(1)(a) indicates that Form GST DRC 01 can be served by the proper officer along with the notice issued under Section 52 or Section 73 or Section 74 or Section 76 or Section 122 or Section 123 or […]

No Simultaneous Investigations by State & Central GST Authorities of same Assessee

March 23, 2021 5193 Views 0 comment Print

Sonam Berlia Vs State of Odisha and others (Orissa High Court) FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. The present petition is by the proprietor of M/s. Arshee Venture which is engaged in trading of iron and scraps and has been assigned with GSTIN number. 2. It is stated that the Petitioner’s […]

Excess jewellery seized : ED should pass reasoned order

March 22, 2021 1236 Views 0 comment Print

Banka Bullion Private Limited Vs Assistant Director & Ors. (Calcutta High Court) With regard to the search and seizure of the excess jewellery that has been seized by the Enforcement Directorate, it is to be noted that in the writ petition, the petitioner has relied on several documents to indicate that this “excess jewellery” was […]

‘C’ Forms cannot be rejected for Mismatch without providing the Opportunity

March 22, 2021 1281 Views 0 comment Print

Prayas Automation Pvt. Ltd. Vs State of Tripura (Tripura High Court) From the reply filed by the State authorities, it emerges that such ‘C’ Forms were not issued on account of anomaly in the valuations. As a State authority respondent No. 4 ought to have conveyed this reason to the petitioner who could have either […]

HC analyses service tax on activities of municipalities

March 22, 2021 5073 Views 0 comment Print

Cuddalore Municipality Vs Joint Commissioner of GST & Central Excise (Madras High Court) Only Support services provided by the government or local authorities that have been excluded from the negative list entry are in the negative list. Otherwise, all service of government and local authorities are not taxable. Support services was defined in Section 65B […]

Sales Tax on Lease rental against goods supplied in the course of Import by NBFC

March 22, 2021 1323 Views 0 comment Print

Russell Credit Ltd. Vs. Commercial Tax Officer (Madras High Court) The respondent bank entered into an agreement with Hindustan Power Plant Limited, Hosur, for importing and leasing of machinery on rental basis. The master lease agreement was entered into on April 17, 1998. There afterwards, the respondent bank ordered for machinery as per the specification […]

Tripura HC allows benefit of excise duty exemption notification even when final product was exempt from basic duties

March 22, 2021 819 Views 0 comment Print

Union of India Vs S Dharampal Satyapal Ltd. (Tripura High Court) Whether the Customs, Excise and Service Tax Appellate Tribunal was right in law in interpreting provisions of Rule 6(1) and 6(4) of the Cenvat Credit Rules, 2004 and thereby giving benefit of exemption notifications in favour of the respondent-assessee, ignoring the contention of the […]

Department appeal before HC with Tax effect less than Rs. 1 crore not maintainable

March 19, 2021 1998 Views 1 comment Print

The Commissioner of Central GST Vs Adhikari Engineering (Karnataka High Court) At the outset, learned counsel appearing for the respondent has argued before this Court that the monetary limit involved is less than Rs.1 crore and in the light of the circular issued by the Central Board of Direct Taxes dated 22.08.2019, the appeal itself […]

Plea seeking to quash notification prescribing MIP dismissed by HC

March 19, 2021 933 Views 0 comment Print

Pam Agro Industries Vs Union of India (Gujarat High Court) It is not in dispute that the petitioners imported cashew kernel (broken) from Vietnamese suppliers for a price ranging from Rs. 151/- to Rs. 180 /- per kg in Indian currency which is the transaction value ordinarily required to be considered for levy of custom duty […]

VAT on AC service Charges – HC referred matter Back to Officer for fresh Adjudication

March 19, 2021 786 Views 0 comment Print

Tvl. Weather Maker Vs Commissioner of Commercial Taxes (Madras High Court) The petitioner is engaged in trading of LLOYD Air Conditioners. The case of the petitioner is that the petitioner had also been doing maintenance contract. For the said service rendered by the petitioner, the petitioner was paid the charges. According to the petitioner, the […]

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