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Judiciary

SC explains rules for condonation of delay

December 17, 2019 37623 Views 0 comment Print

University of Delhi Vs Union of India & Ors. (Supreme Court) From a consideration of the view taken by this Court through the decisions cited supra the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration for condonation of delay would […]

‘Benami’ property: HC refuses to interfere against provisional attachment order

December 17, 2019 2400 Views 0 comment Print

Simmant Kohli Vs Union Of India (Madhya Pradesh High Court) The Court opined that pending final adjudication whether property is in the name of petitioner are ‘Benami’ property or not, the authorities concerned have passed an order of provisional attachment as a matter of precaution, until the dispute is finally resolved, no interference is warranted. […]

Denial of copies of seized documents was violation of natural justice: HC

December 17, 2019 1290 Views 0 comment Print

The prayer in the Writ Petition is for a direction to the 1st respondent to supply copies of the documents relied upon by the 1st respondent while issuing the notices, and thereafter, to afford the petitioners an opportunity to submit their objections with regard to the reliance placed on the same, before proceedings to adjudicate the matter.

JVAT Act: ITC Cannot be denied for default by selling dealer: Jharkhand HC

December 17, 2019 5913 Views 0 comment Print

Tarapore & Company Vs State of Jharkhand (Jharkhand High Court) We find that the petitioner firm had acted absolutely in a bona fide manner, as is also apparent from the impugned order dated 20.11 .2017, as contained in Annexure-5 to the writ application, and had discharged its tax liability by paying the VAT amount to […]

HC orders releases of goods as petitioner already paid amount in excess of fine

December 17, 2019 726 Views 0 comment Print

Raj Chamunda Roadlines Vs State of Gujarat (Gujarat High Court) Having regard to the fact that the petitioner has already paid the amount of Rs.1,85,248/­, which is more than the amount of fine in lieu of confiscation in terms of the order of confiscation passed under section 130 of the Central Goods and Service Tax […]

Replacement of machines as a whole cannot be held as revenue expense

December 17, 2019 1374 Views 0 comment Print

he total replacement cost of three machineries in question purchased by the Assessee amounting to Rs.54,59,149/- came to be allowed by the Tribunal as ‘repairs maintenance expenditure’ or ‘revenue expenditure’.

EVM is beyond the scope of RTI Act : Delhi HC

December 17, 2019 843 Views 0 comment Print

Election Commission Of India Vs Central Information Commission (Delhi High Court) An EVM which is sought for by this RTI application is not miniature/replica and hence cannot said to be a model. It cannot be termed to be information within the meaning of Section 2(f) of the Act. It is manifest that Section 3 of the […]

Granting of discounts not amounts to passing of benefit of tax reduction

December 17, 2019 1125 Views 0 comment Print

Director General of Anti-Profiteering Vs Krishna Trading Company (National Anti-Profiteering Authority) The Respondent has admitted in his submissions that he was aware of the above tax reductions and hence he should have immediately reduced his sale prices commensurate with the rate reductions. He also cannot claim that he has not reduced the prices of the […]

ITC not admissible on original invoices issued by service provider from old GST No.

December 17, 2019 1440 Views 0 comment Print

In re Vivo Mobile India Pvt Ltd. (GST Uttar Pradesh)  i. Whether the input tax credit is admissible on the basis of original invoices issued by service provider from old GST No. 09AVKPS1666H2Z1. Ans: In view of discussions held above, input tax credit is not admissible to the applicant on the basis of original invoices […]

Provisional Attachment not permissible u/s 83 when proceedings u/s 62, 63, 64, 67 or 74 of CGST Act not pending

December 17, 2019 3372 Views 0 comment Print

A reading of Section 83 of the CGST Act makes it clear that a sine qua non for exercising powers under this provisions is that proceedings should be pending u/s 62, 63, 64, 67 or 74 of the CGST Act. Presently, the proceedings u/s 67 are no longer pending and pursuant to search, proceedings under any of the other sections mentioned in Section 83 were not initiated.

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