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GST: HC cannot be made middle authority between Tax & Appellate Authority

June 18, 2020 1551 Views 0 comment Print

L&T Hydrocarbon Engineering Limited Vs State of Karnataka (Karnataka High Court) Learned Additional Government Advocate Sri.Vikram Huilgol for respondent No.2 submits that the appeal under Section 107 of Central Goods and Services Tax Act, 2017 are to be filed before the appellate authority. As such the petitioner cannot be so hurry and invoke writ remedy […]

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption

June 18, 2020 6141 Views 4 comments Print

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption and usage of the property has to be considered in determining whether it is a residential property or a commercial property 

HC upheld GST Registration Cancellation on Failure of Appellant to pay Tax Installments

June 18, 2020 1146 Views 0 comment Print

Kerala High Court cancelled the GST registration of the Appellant since they have not deposited the payment of Central Goods and Services Tax(CGST) and also the State Goods and Services Tax (SGST) from year 2017 onwards till the date of hearing.

Open GST Portal by 19.06.2020 for filing of Form GST Trans-1: HC

June 17, 2020 1179 Views 0 comment Print

Mangla Hoist P. Ltd. Vs Union of India (Delhi High Court) Admittedly, the judgment in Brand Equity Treaties Limited (supra), has not been stayed so far and therefore, the respondents are under an obligation to abide by the directions issued therein by adequately publicising the said decision and uploading it on their website as also […]

Brand Equity judgment continue to apply despite retrospective amendment to Section 140: Delhi HC

June 16, 2020 4215 Views 0 comment Print

Delhi High Court in its judgment pronounced today has held that judgment in Brand Equity will continue to apply  in-spite of retrospective amendment to Section 140 by The Finance (Amendment) Act, 2020.

ATM is considered as Computer hence Higher Depreciation rate allowed

June 16, 2020 2898 Views 0 comment Print

High Court states that so long as functions of the computers are performed with other functions and other functions are dependant on the functions of the computer, ATMs are to be treated as computers and are entitled to higher rate of depreciation.

Rate of depreciation in case of ATM machines

June 16, 2020 4341 Views 0 comment Print

CIT Vs NCR Corporation Pvt Ltd (Karnataka High Court) Whether the tribunal is correct on facts and in law in holding that ATMs and encoders are computers eligible for 60% depreciation even when they do not provide processing activity and do not contain all features of computers and such cannot be called as computers? It […]

Accommodation entry Business- Entire deposits cannot be assessed as unexplained cash credits.

June 16, 2020 3588 Views 0 comment Print

In the present case, Assessee is engaged in the business of providing accommodation entries to entry seekers. During the assessement proceedings AO held that the identity of the parties involved in the transactions were not furnished as well as genuineness of the transactions relating to total cash deposits were not satisfactorily explained by the assessee.

HC release accused under GST on Bail due to COVID-19

June 16, 2020 465 Views 0 comment Print

Mitha Ram Vs State of Punjab (Punjab and Haryana High Court) Learned counsel however submits that out of 29 witnesses, only 01 witness has been examined till date. Learned counsel for the petitioner then submits that because of the present COVID-19 situation and also the fact that trial is likely to take some time, detention […]

Detained Tobaco Product Released on Payment of GST with Penalty

June 15, 2020 1275 Views 0 comment Print

Detained Tobaco Product Released on Payment of Tax along with Penalty and after providing Bank Guarantee of Equal to the value of goods detained.

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