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Import of capital goods under EPCG Scheme was exempt from additional duty

March 2, 2020 18504 Views 1 comment Print

Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) Chapter 5 of the Foreign Trade Policy, 2015-2020 makes provision for the EPCG Scheme, which is an incentive scheme. The incentive given is that the importer holding a valid authorisation for capital goods covered under the EPCG Scheme would be exempted from payment of […]

Employees contribution to EPF & ESIC allowable if paid within relevant due date

March 1, 2020 6711 Views 0 comment Print

PCIT Vs Orchid Pharma Ltd. (Madras High Court) Employee’s contribution should be paid within the due date as provided in the related statutes to be allowed as deduction under Section 36(1)(va) of the Act.  A Division Bench of the Kerala High Court in the case of CIT Vs. M/s.Merchem Ltd. [reported in (2015) 378 ITR […]

Land within 1 Km from local limits of municipality having population of more than 25,000 is Capital Asset

March 1, 2020 11799 Views 0 comment Print

In view of the foregoing, the documentary material shown to us by the Respondent leads to the conclusion that the land in question would be categorized as a capital asset. Therefore, the assessee cannot claim the benefit of exemption to agricultural land and hence, the compensation received by the assessee in pursuance of land acquisition proceedings, is subject to tax and the refund has been rightly rejected,

HC denies Bail to CA in alleged fake GST invoice case

February 28, 2020 1245 Views 0 comment Print

Arvind Kumar Munka Vs Union of India (Calcutta High Court) The petitioner as I have been found in the earlier order that he is a Chartered Accountant by profession and with the similar contention he has averred that he is no way connected with the instant case. The petitioner has been arraigned as an accused […]

Redemption Fine is covered under SVLDRS

February 27, 2020 1917 Views 0 comment Print

Messrs Synpol Products Pvt. Ltd. Vs. Union of India (Gujarat High Court) When the respondents had issued show cause notice demanding excise duty together with confiscation of the goods in terms of Rule 25 (a) and (d) of the Central Excise Rules, 2002 and redemption fine in lieu of confiscation under Rule-25 as goods were […]

HC directs inspection of teer-counters Curb & to check for GST Evasion

February 27, 2020 1980 Views 1 comment Print

If any operator of teer-counter has an obligation to get himself registered under the Meghalaya Goods and Service Tax Act, 2017, he should be required to obtain necessary registration and make payment of due amount of GST.

HC Denies Reliefs against Detention order under GST Law

February 27, 2020 627 Views 0 comment Print

High Court denied the grant of reliefs to the petitioner against the detention order passed under Uttar Pradesh Goods and Services Tax Act, 2017.

Detention of goods with vehicle despite no discrepancy in documents & good

February 26, 2020 861 Views 0 comment Print

 It was submitted that in the absence of any discrepancy in the documents and the goods, it is not permissible for the respondents to confiscate either the vehicle or the goods.

No IGST liability on ocean freight and hence collected IGST will be refunded

February 26, 2020 3078 Views 0 comment Print

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]

AP HC stays recovery of Section 50 Interest on ITC under GST

February 26, 2020 16746 Views 0 comment Print

Considering facts that as per Section 50 of the Central Goods and Services Act, 2017, interest is payable on the delayed payment of tax and that as per the interest statement filed along with the impugned letter, dated 07.02.2020, there was delay in filing GSTR-3B and hence, interest on ‘cash set off’ and ‘ITC set off’ has been calculated and payment thereof has been asked for, recovery of interest against the petitioner, insofar it relates to `I.T.C. set off, shall remain stayed.

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