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Appeal preferred on merits cannot be rejected merely due to delay: HC

July 21, 2020 1698 Views 0 comment Print

Sachin Enterprise Vs Assistant Commissioner (Delhi High Court) Keeping in view the aforesaid order dated 20th July, 2020 passed by a Coordinate Division Bench, we are not inclined to entertain the present petition when the petitioner has an equally alternate efficacious remedy of preferring an appeal before the Additional Commissioner, GST. The present petition is […]

HC cannot be approached without exhausting the remedy of appeal if order is Appealable

July 20, 2020 951 Views 0 comment Print

Opening page of the impugned order itself makes it abundantly clear that the said order is appealable before the Additional Commissioner, GST and instead of exhausting the remedy of appeal available to the petitioner, it has directly rushed to this court, which is impermissible.

HC declines to Grant stay on Recovery of Profiteered Amount

July 20, 2020 546 Views 0 comment Print

Delhi HC decision on GST profiteering case – Apex Meadows Pvt. Ltd. vs Union of India. Stay granted on recovery, penalty proceedings stayed.

GST Anti-profiteering- Delhi HC stays NAA order asking Reckitt to deposit Rs 63 lakh

July 20, 2020 1782 Views 0 comment Print

In the latest anti profiteering case of pharma major Reckitt Benckiser over alleged profiteering of 63 lakh from the sale of Dettol handwash between 2017 to 2019, Hon’ble Delhi High court has stayed the order of National anti-profiteering authority for deposit of alleged profiteering amount in the consumer welfare fund. 

HC allows Samsonite to pay profiteered amount in 6 monthly instalments

July 20, 2020 690 Views 0 comment Print

In this case although learned counsel for respondent-Authority objects to the grant of instalments to the petitioner Samsonite South Asia Pvt. Ltd. , yet this Court keeping in view the COVID-19 pandemic situation, directs the petitioner to deposit the principal profiteered amount i.e. Rs.21,81,20,748/-  in six equated monthly instalments.

HC accepts writ despite receipt of Bid by GST department for Sale of goods & vehicle

July 20, 2020 579 Views 0 comment Print

Sawariya Traders Vs Sate of Gujarat (Gujarat High Court) In this case after the final order of confiscation of the goods and the conveyance was passed, few more developments took place. The authority concerned decided to put the goods and the vehicle to public auction for the purpose of realising the amount towards tax, penalty […]

Section 292BB is applicable to assessee & not to a legal representative

July 17, 2020 5715 Views 0 comment Print

In the absence of a statutory provision it is difficult to cast a duty upon the legal representatives to intimate the factum of death of an assessee to the income tax department. After all, there may be cases where the legal representatives are estranged from the deceased assessee or the deceased assessee may have bequeathed his entire wealth to a charity.

Refer issue of granting time to file Transitional credit claim to GST council

July 17, 2020 954 Views 2 comments Print

Dhamtari Krishi Kendra Vs Union of India (Chhattisgarh High Court) The Chhattisgarh High Court has asked the local GST Commissioner to refer the matter of granting more time to file claim for transitional credit to those assessees who could not do it in time due to technical glitches to the GST Council. Under the GST […]

Municipality or Panchayat cannot Increase Terminal Tax Rate of transportation of Coal

July 17, 2020 1446 Views 0 comment Print

whether Municipal Corporation/Municipal Council or the Nagar Panchayat are empowered to increasing the rate of Terminal Tax imposed upon the transportation of coal?

Expenses cannot be excluded from Export Turnover u/s 10AA merely because it is in Foreign Currency

July 17, 2020 3183 Views 0 comment Print

The issue under consideration is whether the foreign currency expenditure need to be excluded from the ‘export turnover’ of the assessee for the purpose of computing deduction under Section 10AA of the Act?

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