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Promissory estoppel against area-based exemptions – a conundrum of public interest

November 8, 2022 5079 Views 0 comment Print

Govt. of India (GOI- both Central and State) has consistently from time to time in the past has announced various investment-based incentives to promote economy, industrialization, and wealth distribution in industrially backward states under the Article 34 (c) of the Constitution of India (COI).

SC imposes cost of Rs. 1 Lakh for Unnecessary SLP against a Cancer patient

November 6, 2022 8544 Views 0 comment Print

Assistant Director Directorate of Enforcement  Vs Kamal Ahsan & Anr. (Supreme Court of India) In the peculiar facts and circumstance of the case and taking into consideration the fact that the respondent is suffering from Malignancy and Cancer and thereafter when he has been released on bail, the same is not required to be interfered […]

Saga of availability of Electronic Credit Ledger for Pre-deposit payment for appeal Filing

November 5, 2022 9519 Views 2 comments Print

Under GST law akin to Pre-GST regime, there is a requirement to pre-deposit specified percentage of tax in dispute before filing appeal with Appellate Authorities. However, the moot question which has been a bone of contention between the department & taxpayers is whether this pre-deposit is mandatorily to be paid from Electronic Cash Ledger or it can be paid from Electronic Credit Ledger (ECL).

IGST on Ocean Freight: Govt will not file Review Petition against SC judgment

November 4, 2022 4965 Views 0 comment Print

GST Department has decided that it will Not file Review Petition Against the Supreme Court Decision Against IGST Levy on Ocean Freight in Civil Appeal No. 1390 of 2022 filed by Union of India & Anr. Vs. M/s. Mohit Mineral Pvt. Ltd F. No. 275/11/2022-CX.8A Government of India Ministry of Finance Department of Revenue (Central […]

Haryana cancels GST registration of all non-filers of GSTR-3B till March 2021

November 4, 2022 6972 Views 0 comment Print

Excise and Taxation Department, Government of Haryana had identified a list of 373 active registered taxpayers of State jurisdiction who had not filed FORM GSTR-3B up till March 2021. These taxpayers were liable to be cancelled under the provisions of Section 29 of the HGST Act, 2017.

13 Reasons Why Anti-profiteering provisions under GST laws are unconstitutional

November 4, 2022 7713 Views 0 comment Print

Reason 1: Anti-profiteering provisions are Ultra vires of Article 246A of the Constitution Reason 2: Constitution of NAA is contrary to law. Reason 3: Anti-profiteering provisions are ultra vires to Articles 14 and 19(1)(g) of the Constitution

Cash Deposit & withdrawals of equal amounts – ITAT allows telescoping benefit

November 4, 2022 9273 Views 0 comment Print

AO made additions on ground that cash deposited in bank account was more than total turnover declared by assessee, since assessee furnished bank statements which showed that there were deposits and withdrawals of almost equal amounts and AO failed to give any findings regarding said withdrawals, assessee deserved to get benefit of telescoping and thus, addition was unjustified

People who want to feed Street Dogs must adopt them: HC Prohibits Public Feeding of Stray Dogs In Nagpur

November 4, 2022 3897 Views 0 comment Print

Nagpur Municipal Corporation to ensure that, no feeding of street dogs takes place at any place except at the own place of the dog feeder or in the dog shelter homes or any other authorised place and we also direct him to impose appropriate penalty for any breach of these directions, which penalty may not be more than of Rs.200/- for every breach as per the resolution already passed in this behalf by Nagpur Municipal Corporation.

GST updates and compliance calendar for November 2022

November 4, 2022 12429 Views 0 comment Print

Stay up to date with GST updates and compliance. Know the important due dates and latest changes in GST for November 2022.

No penalty for non-getting account audited under bona fide belief based on ICAI Guidance Note on tax audit

November 4, 2022 7065 Views 0 comment Print

If assessee was under bona fide belief that as per Guidance Note issued by ICAI on ‘tax audit under section 44AB’ net result in derivative transaction was to be considered as turnover and accordingly, he would not be liable to get his books audited as turnover did not exceed more than Rs. 1 crore, penalty levied under section 271B was to be deleted

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