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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


Amendment in assessment under Punjab VAT Act, 2005

November 10, 2014 3638 Views 0 comment Print

Now a days It is seen that the Excise and Taxation Department, Punjab has started issuing notices for amendment in assessment in many cases. These notices are being issued ussualy on the basis of audit objections received from State CAG or sometimes on the ground that some of the law points were  misinterpreted by the predecessor of […]

Dealer cannot be denied benefit due to cancellation of R.C. of other dealer, unless published in official gazette

October 20, 2014 4449 Views 0 comment Print

Punjab & Haryana High Court in an older case namely Arjan Radio House vs Assessing Authority had held that a person’s registration certificate shall be deemed to have been cancelled w.e.f date of publication of the factum of cancellation in the official Gazette as a busy seller cannot be supposed to know whether the registration certificate […]

Justice A. N. Jindal to be next Chairman of Punjab VAT Tribunal- Long wait is over

October 15, 2014 3758 Views 0 comment Print

Justice AN Jindal (retd), who had given a clean chit to Shiromani Akali Dal minister Sikandar Singh Maluka in the alleged multi-crore scam of government school books, is set to become the chairman of Punjab Value Added Tax (VAT) Tribunal. Apart from the 63-year-old justice Jindal, justices SP Bangarh, Rakesh Kumar Garg, LN Mittal and […]

Penalty cannot be levied merely based on provisional assessment

October 5, 2014 2202 Views 0 comment Print

Rajasthan High Court in a very important case namely ACTO vs Jain Hardware Stores has held that no penalty can be levied in the provisional assessment as for leving penalty definite  findings and  conclusions and many things have to be proved, therefore penalty cannot be levied merely on the basis of provisional assessment.

Cross adjustment between CST and State tax allowable, no interest leviable for short payment

September 19, 2014 10515 Views 0 comment Print

Many a times dealers face a situation where due to technical error or clerical mistake while making payment of sales tax, tax is wrongly paid in wrong account i.e. instead of paying under the head of Central sales tax, it is paid under the head State VAT/sales tax.

Reversal of ITC on closing stock of iron & steel goods not warranted under rule 21(8) of Punjab VAT Rules

August 27, 2014 2648 Views 0 comment Print

Reversal of ITC on closing stock of iron & steel goods not warranted under rule 21(8) of Punjab VAT Rules

Reasoned orders and principle of fairness in administrative actions-a need of the hour

July 28, 2014 3281 Views 0 comment Print

It is the general tendency of the adminstrative authorities more so of the tax authorities to pass non-speaking orders or to pass orders in violation of principle of fairness and rules of natural justice, without giving any opportunity of being heard to the effected person. The authorities in many case pass orders in gross violation […]

Deductor to be deemed as assesee in deafult only in respect of actual tax liability of Non-Resident

July 2, 2014 2512 Views 0 comment Print

CBDT in its Instruction No. 2/2014 [F No. 500/33/2013-FTD-l], Dated 26-02-2014 issued in view of the judicial develpments in the cases of GE India Technology P Ltd. vs CIT [2010] 7 taxmann.com and Transmission corporation of AP Ltd v. CIT [1999] 105 Taxmann 742 decided by Supreme Court, has stated that a person who fails […]

Disallowance of input tax credit on the ground that seller is bogus or cancelled dealer-part II

June 16, 2014 14920 Views 0 comment Print

Another situation which in many of the cases under the Punjab VAT, which dealers are facing is the disallowance of input tax credit on the ground that the registration of seller of the goods has been cancelled or normally it is stated in the assessment orders that the person from whom goods have been purchased […]

Disallowance of input tax credit on the ground that seller is bogus or cancelled dealer

June 11, 2014 8803 Views 0 comment Print

The system of VAT was introduced in the sales tax law to bring more transparency, efficiency, to remove tax cascading etc. The difficulties which may arise in any system comes to picture only when the system is practically implemented. One of the major difficulties being faced by the dealers is the disallowance of input tax […]

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