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Andhra Pradesh HC

GST Refund Application: Period From 01.03.2020 to 28.02.2022 excludable in Limitation calculation

October 5, 2022 1695 Views 0 comment Print

Gandhar Oil Refinery (India) Ltd. Vs Assistant Commissioner of Sales Tax (Andhra Pradesh High Court) A perusal of material on record would show that GST refund application came to be made by the petitioner was on 22.09.2021, for the Tax period May, 2018 to May, 2019. Though, learned Government Pleader would contend that the said […]

Employers are jointly and severally liable for payment of gratuity to employee

October 4, 2022 2877 Views 0 comment Print

Assessee bank was jointly and severally liable for payment of the amount of gratuity to the employee alongwith the existing employer as per the provisions of Payment of Gratuity Act

Section 80(I) deduction eligible on Interest on delayed payment from debtors

September 29, 2022 1542 Views 0 comment Print

The controversy revolves around the word ‘derived’ and the word ‘industrial undertaking’. The question is whether the interest paid on delayed payments form part of profits and gains derived from an industrial undertaking?

GST Inspection/Search by Assistant Commissioner based on valid authorization by Chief Commissioner is valid

September 28, 2022 1533 Views 0 comment Print

Inspection/Search by Assistant Commissioner (ST) is valid on basis of authorization by Chief Commissioner under section 2(91) of the GST Act

Time period to file appeal starts on upload of order on GST portal: HC

September 26, 2022 11415 Views 0 comment Print

Navya Foods (P.) Ltd. Vs Superintendent of Central Tax (Andhra Pradesh High Court) A perusal of Rule 107 & 108 of the CGST Rules make it clear that the appeal is required to be filed in an electronic mode only and if any other mode is prescribed, then, the same is required to be notified […]

12% GST applicable on Mango pulp : Andhra Pradesh HC

September 25, 2022 1524 Views 0 comment Print

Foods and Inns Ltd Vs Union of India (Andhra Pradesh High Court) The question that arises for consideration in the present writ petition is: Whether the authorities were right in charging GST, in respect of ‘Mango Pulp’, @ 18%? It is to be noted here that on an application made by the petitioner before the […]

GST Refund: Exclude Period from 01.03.2020 to 28.02.2022 for limitation – HC

September 19, 2022 3573 Views 0 comment Print

HC directs exclusion of period from 1st March 2020 to 28th February 2022, for limitation period computation for filing GST refund application

GST refund claim sanctioned but not released due to technical glitches

September 19, 2022 1338 Views 0 comment Print

HC Held that already sanctioned GST refund not released due to technical glitches in the GST portal. Court directed the department to deal with the refund claim and, if eligible, pay back the refund claim with interest

Arbitration clause doesn’t bar reference to MSE Facilitation Council

August 20, 2022 1071 Views 0 comment Print

Held that section 18 of MSMED Act and section 7 of A&C Act clarifies that dispute can be referred to Facilitation Council for conciliation and subsequent arbitration if required. Thus, arbitration clause in agreement would not bar reference of dispute to the Facilitation council

Enhancement of Demand beyond Scope of Show Cause Notice Not Sustainable

August 16, 2022 1971 Views 0 comment Print

If authority intend to add interest and penalty on amount fixed in SCN, separate notices ought to have been issued to for the said demand

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