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Judiciary

2 Years time limit u/s. 153B applies only to original order and to orders passed after remand

October 29, 2018 3342 Views 0 comment Print

Surendra Kumar Jain Vs PCIT (Delhi High Court) The general provision of two years, in the opinion of the Court, has been provided with one important objective i.e. to cater to a specific situation where upon search and seizure operation, if new material is found, already completed assessments are revisited. Had Parliament not prescribed such a […]

Bring Some Order & Discipline in Granting Refunds: Bombay HC directs CBDT

October 29, 2018 807 Views 0 comment Print

Needless to clarify that in the absence of a clear policy, the Courts may then impose interest on the quantum of refund generated either by virtue of Court orders or by virtue of substantive proceedings arising out of refund applications. Either-way, it is the Revenue who would have to pay interest on the delayed refund and as such rates determined by the Court.

Information given by DIT (Inv) can only be a reason to suspect not reason to believe

October 29, 2018 7404 Views 0 comment Print

Vague information given by DIT (inv) there is no other material the AO collected after preliminary enquiry which could have enabled him at the time of recording reasons to come to a conscious independent conclusion that income of the assessee has escaped assessment.

Conduct of arbitral proceeding should speak itself to draw inference of impartiality

October 29, 2018 669 Views 0 comment Print

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Court held that no service was affected to J.P.S. Yadav, the Managing Director and the […]

Levy under Rajasthan APMC Act not abolished after GST rollout: High court

October 29, 2018 2856 Views 0 comment Print

Imarti Lakdi Vyapari Sansthan, Jodhpur Vs State Of Rajasthan (Rajasthan High Court – Jodhpur) Rajasthan High Court has held that the levy under section 17 of the Rajasthan Agriculture Produce Marketing Act, 1961 is a ‘ Fee ’ and not a cess and therefore, the same is not abolished after the rollout of GST. The […]

GST on composite supply under ESCO model

October 29, 2018 2109 Views 0 comment Print

In re Shri Kailash Chandra (GST AAR Rajasthan) Whether the activity of Operation and Maintenance (O & M) of Fluoride control project on ESCO Model and O & M work supply of goods or supply of services and what shall be the rate of GST on it?  In the given contract, the activity of O […]

Recipient of services cannot file Application for GST Advance Ruling

October 29, 2018 1461 Views 0 comment Print

In the case at hand, the applicant is the recipient of the services and not supplier of such service. Accordingly, the Application is not liable for admission and therefore rejected without going into the merits of the case.

GST: Classification of automotive chains used in petrol & diesel engines

October 29, 2018 4017 Views 0 comment Print

In re Borgwarner Morse Systems India Private Limited. (GST AAR Tamil Nadu) Whether automotive chains (i.e., silent chains used in petrol engines and roller chains used in diesel engines) manufactured by the applicant are classifiable under HSN 8409 or 7315? “Roller chains” supplied by the applicant are classifiable under CTH 73151100 and ‘Inverted tooth chains […]

No action can be taken if no specific evidence of profiteering: NAA

October 29, 2018 981 Views 0 comment Print

Sh. Raman Khaira Vs M/s. Yum Restaurants India Pvt. Ltd. (National Anti-Profiteering Authority) We have carefully considered the Report filed by the Applicant No. 2 as well as the submissions made by the Respondent No. 1 and it is obvious from the narration of the facts stated above that the investigation conducted in the matter […]

No action against Amway in absence of specific evidence of profiteering: NAA

October 29, 2018 1920 Views 0 comment Print

Respondent could not establish profiteering for want of cogent and reliable evidence and hence no violation of the provisions of Section 171 of the CGST Act 2017 has been found in this case.

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