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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 494298 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 496945 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


Constitutional validity of Restricted Input tax credit on inter-state stock transfers?

July 1, 2012 4246 Views 0 comment Print

Most of the States have legislated provision in their respective VAT Acts for allowing a restricted input tax credit on the goods purchased within State if such goods are transferred outside the State otherwise than as sale. Ussualy Input tax credit in such cases is allowed only in excess of 4% or 2%.

Time Limits under Punjab Value Added Tax Act, 2005

June 20, 2012 4697 Views 0 comment Print

Various time limits under Punjab VAT Act, 2005 for example time for filing returns, applying registration, payment of taxes etc. Particulars Rule/ Section Time Application for registration in Form VAT-1 S21, 22, R3,4,5 Within 30 days when such person liable to pay tax Issue of the Registration Certificate R5(1), S21 Within 30 days of application […]

Fee payable Under Punjab Value Added Tax Act, 2005

June 20, 2012 1107 Views 0 comment Print

Herebelow is the chart showing various fee payable under Punjab VAT Act, 2005 along with the relevant sections and rules of Punjab VAT Act and Punjab VAT Rules, 2005. Particulars Section Rule Fee Amount (Rs.) VAT or TOT Registration 21,22 3 2000 Issue of duplicate Registration Certificate 21,22 6 100 Cancellation of Registration Certificate 24 […]

Interest for delayed payment of tax under Punjab VAT Act, 2005

June 20, 2012 16387 Views 0 comment Print

Herebelow is the chart showing simple interest leviable on the amount of tax in case of delayed payment of tax under Punjab VAT Act, 2005 under section 32 and section 27(7).It should be noted that such simple interest is not a penal interest and is payable without any requirement of show cause notice and has to be paid along with the delayed payment of tax.

Penalties under Punjab VAT Act, 2005

June 19, 2012 18562 Views 0 comment Print

Herebelow  we are sharing a complete chart showing the penalties under Punjab VAT Act, 2005 for the benefit of all readers. Offence Penalty (In addition to tax and interest) Section Failure to Register An Amount equal to Tax due 52, 21 Failure to Pay tax when due A Sum @ 2% per month on tax […]

Whether F form required if goods are sent inter-state for job work or repairs?

June 17, 2012 60738 Views 19 comments Print

Section 6A of CST Act, 1956 provides that if a dealer claims that he is not liable to pay CST on an interstate movement of goods due to the reason that it is not sale and the goods have been transferred inter-state to any other place of his business or to his agent or principal, then he will have to produce a prescribed form i.e Form F to his assessing authority duly signed by the principal officer of his other place of business or his agent or principal as the case may be.

Persons carrying on agency business or earning commission income should revise their return for A.Y 2011-12, if original return filed u/s 44AD

May 21, 2012 72690 Views 5 comments Print

In the Finance Bill 2012 section 44AD has been amended retrospectively w.e.f A.Y. 2011-12 to the effect that presumptive scheme under the said section is not applicable to persons carrying on profession as referred to in section 44AA(1) or persons earning income in the nature of commission or brokerage income or persons carrying on any agency business.

Constitutional provisions relating to taxation-How important to understand tax laws

May 15, 2012 115376 Views 6 comments Print

Constitution is the foundation and source of powers to legislate all laws in India. Parliament, as well as State Legislatures gets the power to legislate various laws from the Constitution only and therefore every law has to be within the vires of the Constitution.

Lump sum sales tax on brick klin owners on the basis of production capacity unconstitutional

May 2, 2012 5266 Views 0 comment Print

Punjab & Haryana High Court in M/s Balaji Bricks Industries & Another v State of Punjab [VSTI 2012 P&H B-238] has held that lump sum scheme for payment of sales tax on the basis of production capacity of Brick Klin owners is ultra vires of Article 246 read with Entry 54, List-II-State List of Seventh […]

Punjab VAT Dept, launches drive to survey unregistered dealers liable to be registered

April 24, 2012 771 Views 0 comment Print

Excise and Taxation Department, Punjab has launched a special drive for finding out the unregistered dealers by way of survey u/s 48 of Punjab VAT Act, 2005, who are eligible for registration under Punjab VAT Act but may not have registered as yet.

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