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Judiciary

Nano Rechargeable LED Torch Light classifiable under Chapter Head 8513

May 8, 2019 5316 Views 0 comment Print

In re M/s. Prakash Chand Jain (GST AAR Madhya Pradesh) The product in question is essentially a Rechargeable LED Torch Light (as also mentioned on the packing of the product provided by the applicant). It comes equipped with an inbuilt rechargeable battery with AC adapter for recharging purpose. The product, thus, unquestionably merits classification under […]

Input tax credit is admissible even if consideration is paid through book adjustment

May 8, 2019 12474 Views 0 comment Print

In re Senco Gold Ltd (GST AAR West Bangal) The Applicant intends to settle the mutual debts through book adjustments. He seeks an advance ruling on  whether the input tax credit is admissible when he settles through book adjustment the debt created on inward supplies from the Franchisee. AAR held that The Applicant can pay […]

ITC of Central GST paid in Haryana not available to Appellant registered in Rajasthan

May 8, 2019 3048 Views 0 comment Print

In re M/s IMF Cognitive Technology Private Limited (GST AAAR Rajasthan) Credit of input tax is admissible to a registered person, subject to conditions and restrictions , and input tax inter alia is Central tax charged on inward supply of a registered person. Going further, Central tax is Central GST levied under Section 9 of […]

Death-cum-retirement gratuity not payable until conclusion of departmental enquiry or judicial proceedings pending

May 8, 2019 12300 Views 0 comment Print

Shivagopal Vs State of U.P (Allahabad High Court) (i) A government employee is not entitled to death cum retiral gratuity unless the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal. (ii) The law as laid down in Jai Prakash (Supra) is the […]

No interest liability in case of Technical Glitch while filing GSTR 3B- Gujarat HC

May 7, 2019 9285 Views 0 comment Print

Vishnu Aroma Pouching Pvt Ltd Vs. Union Of India (Gujarat High Court) In a magic show, every spectator is well aware that magic does not exist but still at the end he is amazed and left in awe by the magician. The so called magic happens right infront of their eyes but unable to decode […]

Transfer cannot be considered merely on the basis of registered agreement

May 7, 2019 7752 Views 0 comment Print

Appasaheb Lonkar case: Dispute arises over transfer of property, ITAT Pune rules no capital gains due to incomplete sale transaction.

Addition for Capitation Fee should be made against collages instead of Parents

May 7, 2019 1395 Views 0 comment Print

Shri R. Bhoopathy Vs CIT (Madras High Court) he scourge of Capitation Fee by Medical and Engineering Colleges is an infamous and thoroughly extortionist act that is going on in the education sector in our country and it is almost a known fact that these so called Educational Institutions act more like Business Houses rather […]

Denial of exemption U/s. 11 to registered Trust for mere non- producing evidence of registration U/s. 12A/12AA is invalid

May 7, 2019 2616 Views 0 comment Print

In the present case, the assessee trust has made ample efforts for procuring information from the Department regarding duplicate copy of registration certificate. The Department was not able to provide any copy of the registration certificate.

AAR application rejected for discrepancy in Application Fees Payment

May 7, 2019 468 Views 0 comment Print

In re Awas Bandhu (GST AAR Uttar Pradesh) As Section 97 (1) r/w Rule 104 of the CGST/SGST Act, the Applicant is liable to pay fee of Rs 5000/- under each Act to be deposited in manner provided u/s 49 of CGST Act. Failing such compliance, an application is incomplete and thus liable to be […]

HC to formulate substantial question of law & only thereafter hear appeal on merits: SC

May 7, 2019 2007 Views 0 comment Print

PR. CIT Vs A. A. Estate Pvt. Ltd (Supreme Court) There lies a distinction between the questions proposed by the appellant for admission of the appeal and the questions framed by the Court. The questions, which are proposed by the appellant, fall under Section 260­A (2) (c) of the Act whereas the questions framed by […]

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