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GST: HC allows bail as neither any complaint nor charge-sheet was filed

September 13, 2019 2760 Views 0 comment Print

In the facts and circumstances of the case and considering the  nature of allegations made against the applicant in the FIR and considering the admitted position that the applicant is arrested on 08.07.2019 and the fact that till date even after passage of 60 days, neither any complaint nor charge­sheet is filed and therefore, the applicant would be entitled for default bail, without going into detail at this stage

Loan Waiver due to one time settlement cannot be termed as revenue receipt

September 11, 2019 2532 Views 0 comment Print

In the given case, Revenue has challenged the order passed by the ITAT. Here issue under consideration is that, whether, waiver off loan on account by the lender on account of one time settlement of loan can be termed as revenue receipt or not?

Additional depreciation cannot be denied to an entity engaged in business of generation and distribution of power

September 11, 2019 1191 Views 0 comment Print

Pr. CIT Vs NTPC Sail Power Co. Pvt. Ltd. (Delhi High Court) Electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Following the same logic, to deny the benefit of additional depreciation to a generating entity on the basis that electricity is not an ‘article’ or ‘thing’ […]

Pay interest consequent to delay in filing GST Return, only on net tax liability: HC

September 11, 2019 3051 Views 0 comment Print

High Court of Madras in the matter of Commissioner of CGST v. M/s. Daejung Moparts Pvt. Ltd. [W.A.Nos.2127 and 2151 of 2019] dated 23.07.2019 dismissed the Letter Patent Appeal filed by the department and upheld the order of single bench, whereby assessee was directed to pay interest consequent to delay in filing of Return, only on net tax liability (after deduction of Input Tax Component).

HC dismisses petition for refund of late fees of Form GSTR-3B as alternate remedy exist

September 11, 2019 1140 Views 0 comment Print

Petitioner is seeking directions to respondents to refund late fee collected from him while filing Form GSTR-3B in his Cash Ledger in GST Portal so that he can utilise it for discharging his tax liabilities.

TPO could not assume jurisdiction to determine ALP of a SDT not reported to him

September 11, 2019 1905 Views 0 comment Print

Times Global Broadcasting Company Ltd Vs Union of India & Ors. (Bombay High Court) It is indisputable that by virtue of sub-sections (2A) and (2B) of Section 92CA, in case of an international transaction, the TPO would have an authority to examine any international transaction which comes to his notice during the proceedings, whether a […]

HC directs GSTN to consider transitional ITC claimed by Appellant

September 11, 2019 735 Views 0 comment Print

The writ petitioners have filed these applications for getting the transitional input tax credits, for which Form GST TRAN-I was filled up by them.

Deemed Dividend – Shareholders of different holdings cannot be clubbed to apply Section 2(22)(e)

September 11, 2019 5234 Views 0 comment Print

The Tribunal noticed that the assessee was holding 1.07% shares of sister concern whereas the partners of the assessee firm Shri Balbir Kumar and Shri Harsh Kumar were holding 6.64% and 6% shareholding respectively.

No lethargy of department in not filing up posts of ITAT administrative staff

September 9, 2019 519 Views 0 comment Print

The petitioner’s grievance that the work of important Tribunal like Income Tax Appellate Tribunal should not be allowed to suffer on account of shortage of administrative staff is perfectly legitimate, however, we do not find any lethargy on the part of the Department in not filing up said posts.

Demand of Service Tax on Ocean Freight under RCM notification is Ultra Vires

September 6, 2019 24246 Views 0 comment Print

A perusal of Section 94 shows that there is no power conferred upon the Central Government to make any Rules or Notifications for extraterritorial events; or in other words, for services rendered and consumed beyond the “taxable territory” i.e. beyond India. Obviously, the Act itself is not applicable to the territories other than India and therefore the Executives cannot have any power to make Rules for territories beyond India.

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