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Judiciary

HS code and GST rate of Copra/coconuts

January 28, 2020 29025 Views 0 comment Print

In re Lakhpat Trading & Industrys Pvt Ltd (GST AAAR Rajasthan) What is HS code and GST rate of Copra other than of seed quality, Coconuts, fresh or dried, whether or not shelled or peeled and Desiccated coconuts? Coconuts, fresh or dried, whether or not shelled or peeled fall under heading 0801 and attract Nil […]

HC directs Tax Officer to pass order after considering contentions of Petitioner & Providing reasonable opportunity

January 28, 2020 705 Views 0 comment Print

K.J. Mathew Vs State of kerala (High Court of Kerala) This Court is of the view that there is no necessity for this Court to adjudicate the abovesaid contentions raised by the petitioner regarding the merits of the matter. As rightly pointed out by the learned Government Pleader, the petitioner has not so far responded […]

Delay in filling TRAN-1- Benefit cannot be extended if no effort made by Appellant to file

January 27, 2020 2013 Views 0 comment Print

In the given case the relief sought for by the petitioner in the present writ petition is for issuance of a writ to the respondents granting permission to the petitioner to submit TRAN-1 form electronically by opening electronic portal or in the alternative allow the petitioner to tender the form manually and thereafter the petitioner’s claim be assessed for input tax credit in accordance with law

Restore e-way facility for filing of GST returns: NCLT

January 27, 2020 1320 Views 0 comment Print

NCLT directs the GST Department to (a) To restore the e-way facility for filing of the GST returns in respect of Corporate Debtors all Companies including Techno Electronics Limited currently under Corporate Insolvency Resolution Proceedings.

Section 44AD: Assessee need not explain individual entry of cash deposit in bank

January 27, 2020 13143 Views 0 comment Print

Sri. Girish V.Yalakkishettar  Vs ITO (ITAT Bangalore) Section 44AD of the Act gives an option to the assessee to offer income on presumptive basis. These are special provisions. The assessee has opted for the same and offered to tax income at the rate of 8% of his turnover. The issue is whether, the Assessing Officer […]

Section 147 reopening of Assessment invalid if beyond prescribed time limit

January 27, 2020 2289 Views 1 comment Print

It was submitted that therefore, the first proviso to section 148 of the Act would be attracted and the assumption of jurisdiction on the part of the Assessing Officer under section 147 of the Act is invalid.

Sale of goods when in bonded warehouse not exempt from CST

January 27, 2020 7473 Views 0 comment Print

Bombay High Court has held that sale made by transfer of documents while goods are in bonded warehouse would not qualify as exempt under Section 5(2) of the Central Sales Tax Act, relating to high sea sales. Observing that concept of crossing the customs frontiers of India is distinct from customs barriers of India, the High Court termed such sale as local sale.

HC: No bail to CA for offence pertaining to non-disclosure under IndAS

January 27, 2020 3471 Views 0 comment Print

Since offences pertaining to the non-disclosure of the documents which were required under Indian Accounting Standards (IndAS) alleged against assessee- chartered accountant were serious in nature which involved fraud to the tune of several crores and the offence being an economic one which affected the economy of the nation, assessee was not entitled for bail under Section 439 Cr.P.C and Section 212(6) of the Companies Act, 2013. 

Section 83 of CGST Act- Power to provisionally attach bank accounts

January 26, 2020 11814 Views 0 comment Print

Power to provisionally attach bank accounts is a drastic power. Considering the consequences that ensue from provisional attachment of bank accounts, the Courts have repeatedly emphasized that this power is not to be routinely exercised. Under Section 83, the legislature has no doubt conferred power on the authorities to provisionally attach bank accounts to safeguard government revenue, but the same is within well-defined ambit. Only upon contingencies provided therein that the power under section 83 can be exercised. This power is to be used in only limited circumstances and it is not an omnibus power.

Odomos is not a Medicine and is a Mosquito Repellent: HC

January 26, 2020 5340 Views 0 comment Print

The materials in the records before the authorities below corroborate the fact that the petitioners pitched the product in their sale material and advertisements as a mosquito repellent. Various mosquito repelling qualities are identified as defining characteristics of the subject goods in the market.

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