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Judiciary

HC permits uploading of form TRAN-I to avail ITC on or before 30.06.2020

June 19, 2020 783 Views 0 comment Print

The issue under consideration is to seeking permission to electronically upload form TRAN-I in order to avail credit of excess VAT reflected in Returns, as due to technical glitches on the GST Portal, the petitioner could not file Form TRAN-I.

HC on Situs of Goods or accretion of goods in works contract

June 19, 2020 2097 Views 0 comment Print

State of Kerala Vs Metro Minerals India (P) Ltd. (Kerala High Court) The transfer of property in goods whether as goods or in some other form involved in the execution of a works contract shall be deemed to have taken place in the State, if the goods are within the State at the time of […]

Permit Petitioner to upload TRAN-I on or before 30.06.2020: HC

June 18, 2020 1722 Views 0 comment Print

The Respondents are directed to permit Petitioner to upload TRAN-I on or before 30.06.2020 and in case Respondent fails to do so, the Petitioner would be at liberty to avail ITC in question in GSTR-3B of July 2020.

GST: HC cannot be made middle authority between Tax & Appellate Authority

June 18, 2020 1839 Views 0 comment Print

L&T Hydrocarbon Engineering Limited Vs State of Karnataka (Karnataka High Court) Learned Additional Government Advocate Sri.Vikram Huilgol for respondent No.2 submits that the appeal under Section 107 of Central Goods and Services Tax Act, 2017 are to be filed before the appellate authority. As such the petitioner cannot be so hurry and invoke writ remedy […]

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption

June 18, 2020 7368 Views 4 comments Print

Multiple independent residential units in same building can be treated as one residential unit for section 54F Exemption and usage of the property has to be considered in determining whether it is a residential property or a commercial property 

No Capital Gain Tax if Consideration not Discharged by Purchaser

June 18, 2020 30492 Views 0 comment Print

whether the AO is correct in chargeing capital gain in the hands of assessee irrespective of the fact that the full consideration not received by the assessee?

HC upheld GST Registration Cancellation on Failure of Appellant to pay Tax Installments

June 18, 2020 1320 Views 0 comment Print

Kerala High Court cancelled the GST registration of the Appellant since they have not deposited the payment of Central Goods and Services Tax(CGST) and also the State Goods and Services Tax (SGST) from year 2017 onwards till the date of hearing.

Builder denied ITC benefit Flat buyers- Guilty profiteering- NAA

June 18, 2020 3195 Views 0 comment Print

Shri Kamal Nayan Singhania Vs Elegant Properties (National Anti-Profiteering Authority) In this case Respondent has profiteered by an amount of Rs. 1,42,369/- during the period of investigation. Therefore, this Authority under Rule 133 (3) (a) of the CGST Rules, 2017 orders that the Respondent shall reduce the prices to be realized from the buyers of […]

SC: Person in whose name vehicle stands registered on date of accident is ‘Owner’ entitled to Insurance Claim

June 18, 2020 17835 Views 0 comment Print

Surendra Kumar Bhilawe vs. New India Assurance Company Limited (Supreme Court) The Supreme Court in the case of Surendra Kumar Bhilawe vs. The New India Assurance Company Limited  in Civil Appeal no 2632 of 2020 decided recently on 18 June 2020 has held that the person in whose name the motor vehicle stands registered would […]

Contributory Negligence – Passengers Travelling in A Horse Cart

June 18, 2020 825 Views 0 comment Print

Passengers travelling in vehicle cannot be held responsible for contributory negligence of the driver of the vehicle and claim cannot be reduced on the same ground. Rajendra Singh and Ors (Appelant) Vs. National Insurance Company Limited and Ors (Supreme Court)

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