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Advocate Amit Bajaj

Latest Articles


One Time Settlement Scheme under Punjab VAT Act & CST Act

Goods and Services Tax : With the advent of GST and dawn of old indirect tax regime in the form of  VAT, service tax and central excise etc, the State and...

January 25, 2021 14496 Views 4 comments Print

Capital gains under Income Tax Act 1961

Income Tax : Any Income derived from a Capital asset movable or immovable is taxable under the head Capital Gains under Income Tax Act 1961. Th...

October 9, 2020 494295 Views 144 comments Print

Stay of Disputed Income Tax Demands-Important Points

Income Tax : In scrutiny assessments it is sometimes seen that huge demands are created against the assessee by framing high pitched assessment...

September 24, 2020 48356 Views 2 comments Print

Scrutiny assessment under Income Tax Act, 1961

Income Tax : The Scrutiny Assessments under Income Tax Act 1961 are made u/s 143(3). For many years now many of the returns of the assesses are...

September 24, 2020 106396 Views 52 comments Print

Compulsory Maintenance of books of account under Income Tax

Income Tax : Maintenance of books of accounts by Professionals: Section 44AA of Income Tax Act and rule 6F of Income Tax rules deal with the pr...

September 23, 2020 496942 Views 29 comments Print


Latest News


WCT Rate in Punjab enhanced from 5% to 6%

Goods and Services Tax : Advocate Amit Bajaj Section 27 of the Punjab VAT Act, 2005 has been amended to enhance the rate of Works Contract Tax i.e   tax t...

April 10, 2013 13958 Views 5 comments Print

Some views on Penal Provisions u/s 29(8) of MVAT Act

Goods and Services Tax : It is well esteblished principle that the power to levy penality under taxation laws is incidental and ancillary to the power of c...

February 16, 2010 6222 Views 0 comment Print


Latest Judiciary


Tribunal allows adjustment of pre-deposit u/s 62(5) of PVAT Act 2005

Goods and Services Tax : Sunyana Sales Corporation Vs State of Punjab (Punjab VAT Tribunal) The Hon’ble Punjab VAT Tribunal allows adjustment of pre-...

February 12, 2022 1989 Views 0 comment Print

No disallowance of ITC for mere technical defect in VAT invoice – HC

Goods and Services Tax : The Hon'ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a tec...

August 2, 2016 21629 Views 0 comment Print

No local VAT on goods purchased inter-state or in the course of import in works contracts-SC

Goods and Services Tax : The Hon’ble Supreme Court delivering very important judgment with regard to taxability of inter-state works contract. In the cas...

May 3, 2016 10384 Views 0 comment Print

Assessment time cannot be extended if it already becomes time barred: SC

Goods and Services Tax : Supreme Court, in State of Punjab Vs. M/s. Shreyans Indus Ltd., has held that power of the Sales Tax Commissioner to extend the ti...

March 8, 2016 3802 Views 0 comment Print

State Govt did not have power to legislate Rule 21(8) of Punjab VAT Rules

Goods and Services Tax : Punjab & Haryana High Court in the case of The Jalandhar Iron and Steel Merchants Association(Regd), Jalandhar vs State of Punjab...

May 20, 2015 736 Views 0 comment Print


Latest Notifications


e-way bill not required till 31.03.2018 for intra-state supplies of goods in Punjab

Goods and Services Tax : Punjab Government has notified under Rule 138(14)(d) of Punjab GST Rules, 2017 that e-way bill will not be required to be generate...

January 29, 2018 11613 Views 0 comment Print

Services by Excise and Taxation Department brought under Punjab Right to Service Act, 2011

Goods and Services Tax : The Government of Punjab has notified the additional services, stipulated time limit, designated officers, first appellate authori...

January 15, 2016 1616 Views 0 comment Print

Punjab VAT-Rate of tax on iron and steel enhanced to 3.5%

Goods and Services Tax : Now, therefore, in exercise of the powers conferred by sub-section (3) of section 8 of the Punjab Value Added Tax Act, 2005, (Punj...

March 11, 2015 19682 Views 0 comment Print

Deployment of ATM machines for banks is not transfer of right to use goods

Goods and Services Tax : The penalty in this case has been levied and further upheld by the lower appellate authority on the ground that providing ATM mach...

November 15, 2013 3759 Views 0 comment Print


Issuing C form is statutory obligation of buyer, can be enforced by a writ petition in HC

July 8, 2013 56225 Views 34 comments Print

Many a times I receive queries on a common problem faced by many dealers all over India that what to do when the interstate purchaser of goods refuses or does not issue the requisite C forms after purchasing the goods at concessional rate of CST @ 2%.

Authority for advance ruling under State VAT Act cannot give clarifications under CST Act

July 3, 2013 3232 Views 0 comment Print

Andhra Pradesh High court in Prathista Industries Limited vs Commercial tax Officer [2013] 61 VST 58 (AP) has held that Authority for advance ruling under State VAT Act cannot act as Authority for Advance Ruling under Central sales Tax Act, 1956.

Service Tax on Builders – Tax Provisions in brief

June 17, 2013 30961 Views 0 comment Print

The revenue and the builders have always been at dispute when comes to leviability of service tax on the consideration received in advance by the builders/developers from the prospective buyers of immovable property to be constructed. After the negative list regime the construction of a complex, building, civil structure or a part thereof, including a […]

No disallowance of Input Tax Credit for merely not charging VAT seperately in invoice

June 7, 2013 4133 Views 0 comment Print

Punjab VAT Tribunal in The 21st Century Builders and Engineers vs State of Punjab VSTI 2013 17 C-388 has held that input tax credit cannot be disallowed merely on the technical ground that VAT has not been charged separately in VAT invoice, when tax charged on such VAT invoice is duly deposited by the seller.

Confusing law related to Monthly payment of taxes under Punjab VAT Act, 2005

May 5, 2013 1699 Views 0 comment Print

Provisions of section 33 of Punjab VAT Act and Rule 36 makes the law confusing regarding the criteria for determining the periodicity of the payment of taxes by a taxable person.

Entry tax on Vehicles to be registered in Punjab but Purchase Outside

April 11, 2013 2992 Views 0 comment Print

Entry tax on automobiles in Punjab, no more cheaper vehicles from other States due to difference in rate of tax Punjab Government has levied entry tax on all motor vehicles purchased from outside the State of Punjab but brought into the local areas of Punjab for registration under Motor Vehicles Act, 1988 vide notification dated […]

Amendments towards implementation of E-trip in Punjab

April 10, 2013 1532 Views 0 comment Print

Punjab VAT Act, 2005 has been amended empowering the Excise & Taxation Commissioner, Punjab to implement electronic governance for carrying out various provisions of the Act. This may be a step towards implementation of E-Trip in Punjab. A new Section 3-A under the Punjab VAT Act, 2005 has been inserted which runs as follows:

WCT Rate in Punjab enhanced from 5% to 6%

April 10, 2013 13958 Views 5 comments Print

Advocate Amit Bajaj Section 27 of the Punjab VAT Act, 2005 has been amended to enhance the rate of Works Contract Tax i.e   tax to be deducted from payments made to contractors and sub-contractor, from 5% to 6%. Now after the above amendment rate of WCT will be 6% under Punjab VAT Act, 2005.

Penalty u/s 51 of Punjab VAT Act whether just and reasonable?

February 16, 2013 4594 Views 0 comment Print

Section 51(7)(c) of Punjab VAT Act, 2005 prescribes penalty equal to 50% of the value of goods for not producing requisite documents i.e (Invoice/Delivery challan, Goods Receipt etc.) at the check post or Information collection centre with a view to attempt or avoid or evade the due tax.

Seller is an agent of Government or not-two opposite verdicts

February 10, 2013 2511 Views 0 comment Print

Recently Punjab & Haryana High Court in Gheru Lal Bal Chand vs State of Punjab has held that no liability can be fastened on the purchasing registered dealer on account of non-payment of tax by the selling registered dealer in the treasury unless it is fraudulent, or collusion or connivance with the registered selling dealer or its predecessors with the purchasing registered dealer is established.

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