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Judiciary

GST Appellate Authority can condone delay of upto 30 days only

March 3, 2020 1902 Views 0 comment Print

In re the Deputy Conservator of Forests (GST AAAR Karnataka) It is evident that GST Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of […]

No Section 12A registration denial if objects were charitable & activities were genuine

March 3, 2020 5247 Views 0 comment Print

Registration under section 12A was allowable to assessee-society as the objects of the society was charitable in nature and activities were genuine; even if the control of the trust property was not vested in the public but was retained by the settlors and moreover, registration with the Registrar of Societies was not a precondition for granting registration u/s 12A.

Increase in Price of ‘Sujata Mixer Grinder’ post reduction in GST rate was profiteering: NAA

March 3, 2020 3813 Views 0 comment Print

It is found that Respondent had increased the base prices of `Sujata Mixer Grinder 900W’ when the rate of GST was reduced from 28% to 18% w.e.f. 27.07.2018, so that the commensurate benefit of GST rate reduction was not passed on to his recipients.

Leave encashment provision not to be added in Book Profit for Section 115JB

March 3, 2020 4377 Views 0 comment Print

Provision for leave encashment being in the nature of an ascertained liability was to be reduced while computing the book profit under Section 115JB.

100% Budgetary support for area based exemption in post GST regime- HC dismisses Plea

March 2, 2020 3633 Views 0 comment Print

Hero Motocorp Ltd. Vs Union of India (Delhi High Court) Budgetary Support Scheme – Plea of Promissory Estoppel not enforceable Facts – Petition filed against the Budgetary Support Scheme. Case of the Petitioner is that the erstwhile area based exemptions got rescinded with the introduction of the GST Regime w.e.f. 1.7.2017. Though Budgetary Support Scheme […]

Order passed by CESTAT without considering case on merits should be re-considered

March 2, 2020 2160 Views 0 comment Print

Since there was absolutely no material that Revenue had failed in strictly adhering the limitation period under Regulation 20(7) of CBLR, 2013 and it was not the Revenue, who kept the file, without passing the final order under Regulation 20(7) within the 90 days limitation period and it had been kept pending only at the instance of the Respondent/Licensee, therefore,  the matter was remitted back to CESTAT for fresh consideration only on the merits of the issue, not on the ground or point on limitation under Regulation 20 of CBLR, 2013.

Section 54F Exemption allowed Even if Residential Flats Constructed alongwith Saleable flats

March 2, 2020 1200 Views 0 comment Print

whether AO is correct in disallowing the exemption u/s 54F on the ground that residential flat was not constructed after the date of transfer and they were constructed alongwith saleable flats?

SC dismisses Dept. SLP against HC permission to file Revised TRAN-1

March 2, 2020 7710 Views 0 comment Print

Union of India & Ors. Vs. Adfert Technologies Pvt. Ltd. (Supreme Court) In the case of Adfert Technologies Pvt. Ltd. Vs Union of India & Ors., Punjab & Haryana High Court) has  directed the Government to permit the Petitioners to file or revise where already filed incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 […]

Non-disposal of objections to re-opening of assessment are not mere procedural lapse

March 2, 2020 1713 Views 0 comment Print

Non-disposal of objections challenging the validity of re-opening of assessment under section 147 is not a mere procedural lapse but affects the jurisdiction of AO to pass assessment order under section 143(3) read with section 147.

Import of capital goods under EPCG Scheme was exempt from additional duty

March 2, 2020 20322 Views 1 comment Print

Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) Chapter 5 of the Foreign Trade Policy, 2015-2020 makes provision for the EPCG Scheme, which is an incentive scheme. The incentive given is that the importer holding a valid authorisation for capital goods covered under the EPCG Scheme would be exempted from payment of […]

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