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Judiciary

No profiteering if ITC availed in post-GST period is low in comparison to pre-GST period

February 25, 2020 999 Views 0 comment Print

Paramjeet Rathee Vs Supertech Limited (NAA) The Applicant No. 1 has further contended that while calculating profiteering, the DGAP has not considered the type of sale consideration i.e. Subvention Plan or CLP Plan, pre-­GST impact of ITC on cost, Cost Sheet Proforma for Goods/Services pre-GST and post-GST, Summary of purchased materials/imputs versus Construction Stages and […]

AAR not allowed to answer on place of supply

February 25, 2020 1380 Views 0 comment Print

In re Shalini Manish Mittal (GST AAR Maharashtra) Issue- Whether online or telephonic educational coaching from India for corporate, individuals or any other entities residing required outside India is subject to GST and if so under which category is it taxed and section/notification covered for the same Held- On perusal of the provision of section […]

No export of service if testing services are performed in India

February 25, 2020 6042 Views 0 comment Print

In re Syngenta Biosciences Private Limited (GST AAAR Goa) The Authority held that in terms of Section 13 (3) the place of supply of service is in Goa, India, since in the given factual situation, the samples/goods on which the testing service is to be performed by the appellant were made available by the service […]

GST Order passed without considering the ground raised is invalid

February 25, 2020 1572 Views 0 comment Print

Lakhan Singh Chauhan and Company Vs Union of India and others (Madhya Pradesh HC) In the impugned order, there is no consideration to the grounds mentioned in the memo of appeal regarding non-communication of the order to the petitioner and start of period of limitation from the date of communication or knowledge of the order. […]

Section 54F exemption available despite investment in Spouse Name

February 25, 2020 6141 Views 0 comment Print

In the given case, the issue under consideration is if the new property has been invested in the name of assessees husband, then in such case whether the exemption under Section 54F can be denied to the assessee or not?

GST: HC denies bail in view of enormity of scam & colossal loss caused to State exchequer

February 25, 2020 639 Views 0 comment Print

Rajesh and another Vs State of Haryana (Punjab and Haryana High Court) The FIR in question was lodged at the instance of ASI Vinod Kumar wherein it has been alleged that on 4.6.2019 when he along with other police officials was present near grain market bridge for the purpose of patrolling, then a secret information […]

NCLAT releases Flipkart India from Corporate Insolvency Resolution Process (CIRP)

February 24, 2020 2247 Views 0 comment Print

Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) we have found that demand notice delivered under Section 8(1) of the Code was not proper and was also incomplete. The Operational Creditor failed to submit any documents to prove in existence of the Operational debt and the amount in The Operational Creditor also failed to […]

Discount given for non-provision of certain service to foreign buyer not liable under BAS

February 24, 2020 903 Views 0 comment Print

MAN Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) In a case where the assessee had exported goods to sister concern who in turn had sold them to buyers there, with the foreign importer being responsible for providing after sales services, CESTAT Delhi has held that the discount given in consideration for non-provision of warranty […]

Offence under GST provisions are non cognizable hence FIR can be lodged

February 24, 2020 3990 Views 0 comment Print

In the instant case, the allegations are in respect of getting bogus firms registered under the GST Code and of preparing bogus invoices for the purpose of evading tax.

Interest on FD received at pre-operative stage is capital receipt

February 24, 2020 6276 Views 0 comment Print

Interest income generated during pre-operative period was correctly reduced by assessee-company from WIP  as the same was inextricably linked with the power project and would be considered as capital receipt

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