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Transition credit issue- HC allows petitioner to make application before GST Council

December 12, 2019 945 Views 0 comment Print

Obelisk Composite Technology LLP Vs Union of India (Rajasthan High Court) After considering the fact that the Union of India and the Finance Department have extended the period contemplated under Rule 1A of Rule 117 till 31st December, 2019, Hon’ble High Court grants liberty to the petitioner to make an application before GST Council (through […]

Monitor Redressal of GSTN Network Grievances: HC instructs GSTN

December 12, 2019 1035 Views 0 comment Print

Sales Tax Bar Association (Regd) & Anr. Vs Union of India & Ors. (Delhi High Court) Till the constitution of Public Grievance Committees (PGCs), we direct that the Chairman and the CEO, GSTN shall be responsible to monitor, and they shall ensure the rederessal of all grievances relating to the GSTN, including IT related grievances […]

ITAT upheld addition at net profit rate of 8% instead of 12% made by AO

December 12, 2019 993 Views 0 comment Print

The A.O. while estimating income of assessee, has applied net profit rate of 12%. However, Learned Counsel for the Assessee has filed chart of net profit rate for earlier year as well as subsequent years which shows that in subsequent assessment year assessee has declared 8.134% as net profit rate, however, in A.Y. under appeal, net profit rate is 3.014%.

HC explains Law of search & seizure of Goods under GST, Customs Act & CrPC

December 10, 2019 3861 Views 0 comment Print

Md. Tajal Hussain Vs State of Assam (Guwahati High Court) The appellant took the stand that under Section 67 of the Assam Goods and Services Tax Act, 2017 (for short, AGST Act 2017), the search and seizure can be made only upon the proper officer, being not below the rank of Joint Commissioner, having reason […]

Whether retired employees can form a Trade Union?

December 10, 2019 10503 Views 2 comments Print

Let us discuss the provisions of the Trade Unions Act 1926.  It is pertinent to note here that section 4 of the Act says any seven or more members of a trade union can apply for registration of a Trade Union by subscribing their names in the Trade Union Rules and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under the Act.

Liability to pay CST on mere presumption of any pre-existing contract is invalid

December 9, 2019 888 Views 0 comment Print

Advance Paints (P) Ltd. Vs Commercial Tax Officer (Madras High Court) Admittedly, before the Assessing Authority himself adequate proof of movement of goods from Tamil Nadu to Kerala had been produced by the Assessee. In support of the branch transfer/ stock transfer made by the Assessee, the prescribed Form “F” were also furnished by the […]

SVLDR 2019 Circular dated 25.09.2019 is not violative of Scheme: Delhi HC

December 9, 2019 2067 Views 0 comment Print

Nidhi Gupta Vs Union of India and Anr. (Delhi High Court) In view of Rule 3 of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, which is floated under the provisions of Finance Act, 2019, and looking to the definition of “amount in arrears”as stated herein above, by no stretch of imagination it can be […]

Classification of Bituman Emulsion under TNVAT Act, 2006: Madras HC

December 9, 2019 762 Views 0 comment Print

Bituman in its original form is solid but melts when heats, for it is used in molten stage. There is no difficulty to appreciate that bitumen emulsion comes into  existence when bitumen is treated with emulsifiers and other chemicals to attain a liquid form. It has a huge advantage and add benefit because it is not to be heated and detained in its liquid form and has better stability and thus, saves time and cost components.

Expense on installation of software with No enduring benefit qualify as revenue expense

December 9, 2019 1341 Views 0 comment Print

Since assessee acquired only a right to use the software and there was no enduring benefit acquired by the assessee on account of the license promoted by it on payment of annual fee, the expenditure incurred towards installation of such software would qualify as revenue expenditure.

Section 80 IB/IC deduction allowable on manufacturing of boxes intrinsically connected with manufacturing of electric meters

December 9, 2019 921 Views 0 comment Print

Pr. CIT Vs M/s Secure Meters Ltd. (Rajasthan High Court) As far as the question relating to trading profit is concerned, the record shows that the assessee derived this income from the sale of boxes manufactured by it to house electric meters. It is not disputed that the deduction under section 80 IB/IC was for […]

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