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Judiciary

GST Order Served by Uploading it on Web Portal is Valid

August 17, 2020 3582 Views 0 comment Print

whether the serving of assessment order by uploading it on web portal and not communicated separately to the assessee will be considered as valid under law?

Section 40(a)(ia) amendment is Curative & is Retrospective

August 17, 2020 2463 Views 0 comment Print

whether Tribunal is right in holding that amendment made to Section 40(a)(ia) by Finance Act, 2010 would apply retrospectively though the amendment is made with effect from 01.4.2010? 

Section 56(2)(vii)(b) Not Applicable if It Is Not Enacted as on Date of Agreement

August 17, 2020 26148 Views 0 comment Print

The issue under consideration is whether provisions of section 56(2)(vii)(b)(ii) are applicable on difference between consideration paid for purchase of property and SRO value as on date of agreement?

HC imposes cost on Punjab National Bank for frivolous litigation

August 17, 2020 4263 Views 0 comment Print

Punjab National Bank Vs. Mithilanchal Industries Pvt. Ltd. (Gujarat High Court) In the present case, the borrower took an objection of non-compliance of sub-section (3), in his objection / representation given sub-section (3A), but despite the same the Bank – Secured Creditor in the present case rejected the objection instead of ensuring the compliance of […]

HC restrains Govt from appointing Technical Members to GSTAT until further orders

August 17, 2020 837 Views 0 comment Print

Revenue Bar Association Vs Union of India (Madras High Court) Madras High Court restrained the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders vide its order dated 17.08.2020. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard Mr.Rahul Unnikrishnan, learned counsel for the appellant and […]

Subway Franchisee found Guilty of Profiteering: NAA

August 17, 2020 1542 Views 0 comment Print

Director-General of Anti-Profiteering Vs Lite Bite Travel Foods Pvt. Ltd (National Anti-Profiteering Authority) The application had been filed under Rule 128 of the CGST Rules 2017, alleging profiteering in respect of restaurant service supplied by the Respondent (Franchisee of M/s. Subway Systems India Pvt Ltd.). In the application. it was alleged that despite the reduction […]

Supply of service by IZ Kartex to BCCL qualifies as import of service

August 17, 2020 2502 Views 0 comment Print

In re IZ Kartex (GST AAAR West Bengal) From the facts of the case, it is seen that the IZ-Kartex named after Korobkov, the Russian company has entered into the MARC with BCCL. They have deployed DDP-N, an Indian company as the subcontractor. DDP-N in turn, issues invoice to the Russian company. Again, the Russian […]

Stay rejection without considering contentions of petitioner is invalid

August 17, 2020 867 Views 0 comment Print

The issue under consideration is whether the Entertainment Tax will be levied on Master System Cable Operator?

ITAT restricts addition for Bogus Purchase to the peak of purchases

August 16, 2020 1968 Views 0 comment Print

ITO Vs Shri Sunil Govind Agre (ITAT Mumbai) During the course of assessment proceedings, the AO called for information u/s 133(6) from the above two parties in order to verify the genuineness of transactions. However, the notices sent by him could not be served and these were returned un-served by the postal authorities with the […]

IBM India liable to pay interest for delay in filing ITR on incremental income pursuant to APA: ITAT

August 16, 2020 2217 Views 0 comment Print

IBM India Pvt. Ltd. Vs ACIT (ITAT Bangalore) It has been submitted by Ld.Counsel that as a consequence of APA entered into by assessee, income was increased vis-a-vis original computation at page 322. Referring to revised computation at page 328 of paper book volume 1, he submitted that, incremental increase in the income is Rs.7,74,2 […]

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