Maharashtra AAR clarifies GST implications on GM India’s asset transfer, deeming leasehold rights assignment as taxable services and plant machinery as taxable goods.
Maharashtra AAR rules new promoter bound by previous GST option (12% with ITC) for ongoing project, rejecting 5% without ITC. Project-based option.
Maharashtra AAR classifies railway shed reconstruction, maintenance, housekeeping, and security as a mixed supply, attracting 18% GST. ITC for Railways not addressed.
NCLAT Delhi held that in absence of both disbursements directly to Corporate Debtor and default, attempt to invoke proceedings u/s. 7 of IBC unsustainable. Thus, since CIRP was fraudulent and malicious, dismissal u/s. 65 of IBC upheld.
Kerala HC rules composite GST order for several financial years legally improper, directs separate orders after allowing reply and hearing.
The law being the one declared and enunciated by the Hon’ble Supreme Court in Kusum Ingots and the Full Bench judgement of this Court in Sterling Agro particularly the consideration of the doctrine of “forum convenience”.
Adjudicating Authority admitted the application filed by Sri. Chandy John Samuel & Others against the Corporate Debtor u/s.7 of the Insolvency and Bankruptcy Code, 2016 for initiating the Corporate Insolvency Resolution Process.
ITAT Chandigarh held that ITO Ward-3(1), Chandigarh had no jurisdiction to issue notice to an NRI and hence consequently the assessment as framed by Assessing Officer International Taxation is bad-in-law.
NCLAT Delhi held that demand notice issued u/s. 95(4) of the Insolvency and Bankruptcy Code, 2016 [IBC] when sent to last known address as stipulated in Guarantee Deed is valid service of notice under established legal principles. Accordingly, appeals dismissed.
ITAT Raipur held that passing of order by CIT(A) without considering adjournment request of the assessee is not justifiable in law. Accordingly, matter restored back to CIT(A) to re-adjudicate the same after affording reasonable opportunity of being heard.
