Goods and Services Tax : Any hurry in implementing the GST, without giving proper time to the trade and industry, would result in lot of litigation and cha...
Goods and Services Tax : Definition of Aggregate turnover has been modified. Non-taxable supplies have been excluded from the aggregate turnover, while int...
Goods and Services Tax : On going through the Model IGST Law, it is noticed that many of the concessions/exemptions available hitherto under Central Sales ...
Goods and Services Tax : It is common experience of trade, industry and professionals to come across stay orders passed by appellate authorities in tax app...
Goods and Services Tax : Many a time, bank accounts are attached while stay petition filed by the dealer is pending before the appellate authority. Attach...
Income Tax : Long pending dispute regarding constitutional validity of entry tax levied by various States has been settled by Hon ‘bless Supr...
Service Tax : Appellant is the centrally registered taxpayer and the error committed could not be detected immediately and it took almost a mont...
Goods and Services Tax : In an important judgement in the case of Sri Anjaneya Agro Tech Private Limited Vs. The Dy. Commissioner of Commercial Taxes (Audi...
Goods and Services Tax : In the case of Sodexo SVC India Private Limited. Vs The State of Maharashtra and Others, Bombay High Court has held that Sodexo me...
Custom Duty : Customs Notification 102/97 Dt.14.09.2007 permitted importers to claim refund of Special Additional Customs Duty (SACD) paid on th...
Any hurry in implementing the GST, without giving proper time to the trade and industry, would result in lot of litigation and chaos. Some of the issues which are not yet settled in the Acts, draft rules are listed hereunder, which hamper the preparation at the end of taxable person and implementation of GST from 01.07.2017 would be difficult, without early resolution to these issues.
Definition of Aggregate turnover has been modified. Non-taxable supplies have been excluded from the aggregate turnover, while inter-state supplies were added. This is a right move as non-taxable supplies cannot be part of aggregate turnover.
Long pending dispute regarding constitutional validity of entry tax levied by various States has been settled by Hon ‘bless Supreme Court by its judgement delivered on 11.11.2016
On going through the Model IGST Law, it is noticed that many of the concessions/exemptions available hitherto under Central Sales Tax (CST) Act are not incorporated in the Model IGST Law. While the GST is expected to be provide seamless credit on all transactions, with minimum exemptions/concessions
Appellant is the centrally registered taxpayer and the error committed could not be detected immediately and it took almost a month to recognise the excess payment made in the month of May, 2011 and hence it was adjusted against the tax liabilities for the month of July, 2011
It is common experience of trade, industry and professionals to come across stay orders passed by appellate authorities in tax appeals, in a very routine and un-lawful manner, without going into the facts and merits of the case, ordering for deposit of major portion of the disputed demand that shake the faith of the assessees in the redressal mechanism.
Many a time, bank accounts are attached while stay petition filed by the dealer is pending before the appellate authority. Attachment notice is sent to the bank along with notice to the dealer to deposit pending disputed dues, without giving any opportunity to the dealer to represent his case. In some of the cases, attachment notices
In an important judgement in the case of Sri Anjaneya Agro Tech Private Limited Vs. The Dy. Commissioner of Commercial Taxes (Audit) [2016-VIL-63-KAR], Hon ‘ble High Court of Karnataka has ruled that assessee-dealer is entitled to claim benefit of a subsequent judgement of the court, even after completion of assessments, by filing rectification application.
In the case of Sodexo SVC India Private Limited. Vs The State of Maharashtra and Others, Bombay High Court has held that Sodexo meal vouchers are utility goods- Octroi & LBT can be levied on the same. Sodexo has preferred an appeal against the verdict in Supreme Court
Customs Notification 102/97 Dt.14.09.2007 permitted importers to claim refund of Special Additional Customs Duty (SACD) paid on the imported goods, provided such imported goods are sold in the domestic market on payment of VAT/Sales Tax.
