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Pay interest consequent to delay in filing GST Return, only on net tax liability: HC

September 11, 2019 3273 Views 0 comment Print

High Court of Madras in the matter of Commissioner of CGST v. M/s. Daejung Moparts Pvt. Ltd. [W.A.Nos.2127 and 2151 of 2019] dated 23.07.2019 dismissed the Letter Patent Appeal filed by the department and upheld the order of single bench, whereby assessee was directed to pay interest consequent to delay in filing of Return, only on net tax liability (after deduction of Input Tax Component).

Valuation – Substantial mark-up in supply of imported goods to customers when not indicates under-valuation of imports

September 11, 2019 1008 Views 0 comment Print

M/s. Voith Turbo Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai) CESTAT Explains when Substantial mark-up in supply of imported goods to customers when not indicates undervaluation of imports Considering the nature of business of the appellant/importer and that the overheads involved in the business activity were bound to influence the price at which the […]

HC dismisses petition for refund of late fees of Form GSTR-3B as alternate remedy exist

September 11, 2019 1326 Views 0 comment Print

Petitioner is seeking directions to respondents to refund late fee collected from him while filing Form GSTR-3B in his Cash Ledger in GST Portal so that he can utilise it for discharging his tax liabilities.

AAR Karnataka allows withdrawal of application by Office Official Liquidator

September 11, 2019 621 Views 0 comment Print

The Applicant, however, vide their letter dated 04.09.2019 have requested to permit them to withdraw the application filed for advance ruling quoting the reason that the questions raised in their application were based on Place of Supply and also sale & shipment of the aircraft has already been completed.

GST registration not needed for Charitable Activity of preservation of environment

September 11, 2019 1614 Views 0 comment Print

In re All India Disaster Mitigation Institute (GST AAR Gujarat) Whether the applicant is liable for registration if he is doing activity relating to disaster prevention, disaster mitigation and disaster management. Activities of the applicant relating to disaster prevention, disaster mitigation and disaster management are activities relating to “preservation of environment”. Thus, the activities of […]

ITC on construct of ‘bunds’ admissible if used for making zero rated supplies & if satisfy P&M condition

September 11, 2019 2619 Views 0 comment Print

Input tax credit of GST paid on goods and services used to construct the ‘bunds’ is admissible to M/s. Satyesh Brinechem Private Limited, provided that the bunds are used for making zero rated supplies and fulfill the conditions which are necessary for treating the bunds as ‘plant and machinery’.

TPO could not assume jurisdiction to determine ALP of a SDT not reported to him

September 11, 2019 2184 Views 0 comment Print

Times Global Broadcasting Company Ltd Vs Union of India & Ors. (Bombay High Court) It is indisputable that by virtue of sub-sections (2A) and (2B) of Section 92CA, in case of an international transaction, the TPO would have an authority to examine any international transaction which comes to his notice during the proceedings, whether a […]

Addition u/s 68 was justified in case failure of assessee to prove cash deposits in partnership firm by partners

September 11, 2019 3843 Views 0 comment Print

Since assessee had explained that the two partners had cash deposited out of the cash receipts against advanced sale of land in individual however, assessee could not furnish any details evidence of holding of land, agreement with the purchasers and date/mode of source of receipts either before AO or before CIT(A), therefore, AO was correct in holding these credits as unexplained in the hands of assessee.

HC directs GSTN to consider transitional ITC claimed by Appellant

September 11, 2019 903 Views 0 comment Print

The writ petitioners have filed these applications for getting the transitional input tax credits, for which Form GST TRAN-I was filled up by them.

Mere old age and infirmity of executor of agreement cannot be considered as undue influence

September 11, 2019 2814 Views 0 comment Print

Raja Ram Vs Jai Prakash Singh and Others (Supreme Court) The deceased undisputedly was over 80 years and above in age. The plaintiff pleaded that by reason of age and sickness, the deceased was unable to move and walk, with deteriorated eye sight due to cataract. The mental capacity of the deceased was impaired. The […]

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