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Jharkhand High Court

Set of provisions on which trust registration was granted cannot be taken as base for cancelling the same registration

November 14, 2022 1335 Views 0 comment Print

Jharkhand High Court held that once registration has been granted under section 12AA after satisfying about genuineness of the activities of the Trust, the same cannot be cancelled on the basis of the same set of provisions of the Trust.

Date of payment towards GST liability is to be construed from date of filing of GSTR-3B

November 11, 2022 4374 Views 1 comment Print

RSB Transmissions India Limited Vs Union of India (Jharkhand High Court) A combined reading of Section 49(1) of CGST Act, 2017 and Rule 87 (6) and (7) of CGST Rules, 2017 both go to show that such deposit does not mean that the amount is appropriated towards the Government exchequer. On other hand other, a […]

HC allows amendment in GSTR-1 to rectify mistake of wrong GSTIN mentioned against invoices raised on purchaser

November 9, 2022 20220 Views 0 comment Print

Mahalaxmi Infra Contract Ltd. Vs Goods and Services Tax Council (Jharkhand High Court) In the instant case it appears that on account of an inadvertent error, the entry relating to Tax Invoice No. 01/2018- 19 dated 17th January 2019 could not be reflected in the GSTR-1 filed by the petitioner against the GSTIN of Eastern […]

18 Month Imprisonment for accepting bribe to furnish Income Tax clearance certificate

November 7, 2022 1224 Views 0 comment Print

Jharkhand High Court held that acceptance of bribe duly proved and accordingly, a punishment of six months simple imprisonment under Section 7 of the PC Act and one year’s simple imprisonment under Section 13 (2) r/w 13 (1) (d) of the P.C. Act with a fine of Rs.1000 sentenced for accepting bribe for furnishing Income Tax clearance certificate

HC grants Bail to CA/Insolvency Professional in alleged bribery case

October 13, 2022 1254 Views 0 comment Print

Petitioner is a Chartered Accountant by profession and after passing the examination, he became eligible to be appointed as an Insolvency Professional by the Committee of Creditors under Section 3(19) of IBC, 2016 for handling the companies under liquidation.

Every partner is liable, jointly, and severally, for all acts of the firm

October 5, 2022 3816 Views 0 comment Print

Liability of a partner for acts of the firm. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

Service tax demand Notice on Legal Services by Senior Advocate set aside

September 21, 2022 2313 Views 0 comment Print

Demand notice issued by the tax authorities to a Senior Advocate seeking payment of service tax on legal services provided by him to a legal firm was set aside as Notification No.30/2012-ST dated 20.06.2012 had been amended by way of substitution by virtue of two consecutive notifications, i.e., Notification No. 18/2016-ST dated 01.03.2016 and Notification No.34/2016-ST dated 06.06.2016

GST Refund not allowable If not Corroborated by Documentary Evidence

September 14, 2022 1386 Views 0 comment Print

Merely GST refund claim on the basis of averments not suffice unless & until the said claim assesse is corroborated by documentary evidence.

Bank attachment notice in GST DRC-13 without notice & opportunity of hearing is untenable

September 13, 2022 13059 Views 0 comment Print

Held that in absence of proper show cause notice u/s. 73 (1) of the JGST Act and proper opportunity of hearing, issuance of the bank attachment notice contained in GST DRC-13 u/s. 79(1)(c) is untenable in law

Arbitration Application Maintainable Despite Pendency of Reference before MSME Council

September 6, 2022 960 Views 0 comment Print

HC held that merely because one party, has approached before MSME Council, Arbitration application cannot be held to be not maintainable

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