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Judiciary

GST on Independent Consultancy Services to Public Works Department

October 11, 2019 2070 Views 0 comment Print

In re MSV International Inc. (GST AAR Haryana) Q1. Whether the services by way of Independent Consultancy Services provided or to be provided by the Applicant to Public Works Department, Gurgaon as per Request for Proposal (RFP) at Annexure-1 for Design, Engineering, Finance, Construction, Operation and Maintenance of Gurgaon- Faridabad and Ballabhgarh-Sohna Roads on BOT […]

GST: Haryana Warehousing Corporation is not a ‘Government entity’

October 11, 2019 2100 Views 0 comment Print

In re Haryana State Warehousing Corporation (GST AAR Haryana) Whether definition of Government Entity as defined in Para 2 (zfa) in Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 32/2017- Central Tax (Rate) dated 13.10.2017 is applicable on the applicant i.e. Haryana State Warehousing Corporation? In order to qualify for […]

Detention of goods merely for handwritten & Photocopied transport receipt is Illegal

October 11, 2019 20874 Views 0 comment Print

In this case despite the fact that the petitioner had complied with the procedure for movement of goods as stipulated under the GST Acts, by the impugned order, the truck with the goods came to be detained/seized under section 129 of the GST Acts on the ground that the transport receipt was a photocopy and the details filled in the transport receipt were handwritten.

Proceedings for winding up pending before Company Court can be transferred to NCLT under IBC

October 10, 2019 7236 Views 0 comment Print

The statutory scheme found in Section 434(1)(c) clearly is that the proceedings for winding up pending before the Company Court could be transferred to the NCLT and there is no provision for transfer of proceedings from the NCLT to the Company Court.

Confiscation of conveyance & goods – Hearing / passing of speaking order mandatory

October 10, 2019 3345 Views 0 comment Print

Sitaram Roadways Vs State of Gujarat (Gujarat High Court) Observing that principles of natural justice were violated by the adjudicating authority, the Gujarat High Court has set aside the order of confiscation of conveyance and goods, earlier found to be not in possession of mandatory documents. The Court noted that petitioner was not afforded opportunity […]

Merely because a debt has not been repaid for over three years, would not automatically imply cessation of liability

October 10, 2019 2289 Views 0 comment Print

PCIT Vs Pukhraj S. Jain (Bombay High Court) It is well settled through series of judgements that merely because a debt has not been repaid for over three years, would not automatically imply cessation of liability. Exhaustion of period of limitation may prevent filing of recovery proceedings in a Court of law, nevertheless it cannot […]

Reopening of assessment for non-existent and factually incorrect reasons was invalid

October 10, 2019 3240 Views 0 comment Print

Shri Ram Mohan Rawat Vs ITO (ITAT Jaipur) Reasons recorded by the AO for formation of belief that income assessable to tax has escaped assessment are based on two counts. One, the assessee has made bogus purchases and the second, that the purchases are not verifiable as the as the  assessee has not filed the […]

No advance ruling if question raised by applicant turns redundant

October 10, 2019 879 Views 0 comment Print

Contention of the applicant that there is no asset transfer, has been resolved by the RRVPNL by issuing corrigendum dated 24.09.2019. After issue of the said corrigendum the question raised by the applicant turned redundant and therefore no advance ruling is required to be given.

Reassessment Proceeding completion without section 143(2) notice is invalid

October 10, 2019 2472 Views 0 comment Print

The issue under consideration is whether AO can issue notice under section 148 for re-assessment without issuing notice u/s 143(2)?

Duty Free Shops at International Airport exempt from GST: HC

October 10, 2019 6795 Views 0 comment Print

Sandeep Patil Vs Union of India and Others (Bombay High Court) The impugned show cause notices allege that the goods imported by the petitioner from outside India into the special warehouse would constitute import of goods under the proviso to section 7(2) of the IGST Act, and thereby, liability of payment of tax under the […]

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