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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 496939 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


Interim stay on section 62(5) of Punjab VAT Act, 2005

July 8, 2015 2370 Views 0 comment Print

The Hon’ble Punjab & Haryana High Court in one of writ petitions challenging the constitutional vires of section 62(5) of Punjab VAT Act, 2005 filed by me has granted interim stay on adopting coercive measures for recovery of 25% pre-deposit as required under the said section for hearing of appeal and also has made an […]

New entry tax law-The Punjab Development of Trade, Commerce and Industries Ordinance, 2015

May 28, 2015 1525 Views 0 comment Print

The Punjab Government has introduced a new entry tax law by the name The Punjab Development of Trade, Commerce and Industries Ordinance, 2015. This ordinance is promuglated w.e.f 05.05.2015. Vide this ordinance the Punjab Government has got power to levy entry tax on any items with a new beginning as earlier entry tax Act i.e. […]

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

May 20, 2015 736 Views 0 comment Print

Punjab & Haryana High Court in the case of The Jalandhar Iron and Steel Merchants Association(Regd), Jalandhar vs State of Punjab has held that the State Government did not have power to legislate Rule 21(8) of Punjab VAT Rules, 2005 before 01.04.2014 so as to restrict ITC on stock of iron and steel goods as existing on the date of reduction of tax on such goods.

Constitutional Validity of exercise of power of DETC (Appeals) by DETC (Admin)

May 14, 2015 2321 Views 0 comment Print

It is settled law that no one should be a judge in his own cause. When an authority is working as a watchdog of the revenue, there were always chances that the interest of revenue will be favoured while making any decision by such authority and the result would always be biased in favour of the revenue. Hence the DETCs(Admin) would not be able to do justice to the appellants.

Punjab VAT-No assessment or provisional assessment without prior approval of ETC

May 6, 2015 1236 Views 0 comment Print

Punjab Government has suitably amended Rule 47 of the Punjab VAT Rules, 2005 whereby no assessment or provisional assessment now can be framed without the prior approval of the Excise and Taxation Commissioner, Punjab.

Punjab VAT-Penalty levied u/s 51 without serving proper notice is illegal

April 27, 2015 1054 Views 0 comment Print

The Punjab VAT Tribunal in one of my cases namely Welspun Projects Limited vs State of Punjab Appeal No. 146 of 2014 decided on 27.04.2015, has quashed the penalty levied u/s 51 of Punjab VAT Act, 2005 on the roadside, as the same was levied without serving proper notice and thereby denying reasonable opportunity of being heard to the appellant.

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

March 11, 2015 19682 Views 0 comment Print

Now, therefore, in exercise of the powers conferred by sub-section (3) of section 8 of the Punjab Value Added Tax Act, 2005, (Punjab Act No. 8 of 2005), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following

Exemption from Payment of advance VAT to works contractors

January 22, 2015 1813 Views 0 comment Print

Instruction on Exemption from payment of advance VAT to works contractors in Punjab The Excise and Taxation Commissioner, Punjab has issued instructions to grant advance VAT exemption to the works contractors whose TDS u/s 27 of Punjab VAT Act, 2005 is being deducted. It is worth mentioning here that this instruction has come after the […]

Works contractors eligible for advance VAT exemption -P&H HC

January 8, 2015 1712 Views 0 comment Print

The Punjab & Haryana High Court in CWP 19835 of 2014 Ayyappa Infra Projects Pvt Ltd vs State of Punjab has directed the State of Punjab to issue clarification to the effect that works contractors are also eligible for exemption from advance VAT levied u/s 6(7) of Punjab VAT Act, 2005.

Punjab VAT- HC stays assessment cases of year 06-07, 07-08 & 08-09

November 12, 2014 1496 Views 0 comment Print

Punjab & Haryana High Court stays passing of final orders in assessment cases of year 06-07, 07-08 and 08-09 Punjab & Haryana High Court has stayed the passing of final orders in assessment cases of years 2006-07, 2007-08 and 2008-09 under Punjab VAT Act, 2005 in the case of M/s ABC Ltd vs State of […]

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