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Judiciary

Orissa HC Stayed demand of penalty & interest in absence of GSTAT

May 26, 2023 1533 Views 0 comment Print

HC stayed the demand of penalty and interest raised by the Revenue Department, during the pendency of writ petition, subject to the condition that the assessee deposits the entire amount of tax demanded within a period of 15 days, since the assessee wanted to avail the remedy under the provisions of law by approaching GST Appellate Tribunal

N.B.S. Crackle is an industrial input & cannot be classified as sugar boiled confectionery

May 26, 2023 585 Views 0 comment Print

N.B.S. Crackle not classifiable as sugar boiled confectionery, Its industrial use in ice cream production sets it apart from consumer-oriented confectionery, leading to a distinct classification perspective.

No Reversal of ITC on financial credit note in relation to post sale discount

May 26, 2023 4521 Views 0 comment Print

AAR Andhra Pradesh ruled that no reversal of Input Tax Credit (ITC) is required on a financial credit note issued for post sale discount. Gain insights into the ruling and its implications for businesses.

SC directives on Implementation of Sexual Harassment of Women at Workplace Act

May 25, 2023 2592 Views 0 comment Print

In a judgment issued on May 12, SC highlighted serious lapses and uncertainty in implementation of Protection of Women from Sexual Harassment (PoSH) Act, which has forced many working women to leave their jobs.

SC held liability to discharge arrears of property tax & water tax inspite of being post-liquidation liability

May 25, 2023 1710 Views 0 comment Print

Conclusion: Arrears of property tax and water tax until the date of confirmation of sale, i.e., 04.07.2003, would qualify as the expenses for “preserving, realising or getting in” the assets of the company and thus, should have to be paid in priority by the appellant OL.

Withdrawing benefit of TDS on advance rent received unjustified: ITAT Delhi

May 25, 2023 2028 Views 0 comment Print

ITAT Delhi held that the revenue authorities are not entitled to appropriate the taxes which have been paid in excess of the due taxes to be paid by the assessee. Accordingly, reducing refund by withdrawing benefit of TDS on advance rent received is unjustified.

Bail granted to CA as continued incarceration of petitioner not justified: HC

May 25, 2023 2085 Views 0 comment Print

Andhra Pradesh High Court held that as the petitioner is a Chartered Accountant by profession and it is his first offence and he has been in jail since long. Accordingly, continuance incarceration of the petitioner is not justified. Hence, bail granted.

Non constitution of GSTAT in Bihar- HC Grants stay subject to 20% Tax payment

May 25, 2023 702 Views 0 comment Print

Explore the PCPL and RK-JV Vs State of Bihar case regarding GST appeal rights and the tribunal’s absence, with insights into statutory remedies and court directives.

Matter resorted to find out specification of term ‘every month’ in clause 38 of EPF scheme

May 25, 2023 2016 Views 0 comment Print

ITAT Mumbai resorted back the matter to AO with direction to find out from the relevant PF authorities about the term every month as mentioned in Clause 38 of the Employees Provident Fund Scheme (EPF Scheme).

TDS provisions not applicable on Year end Provisions in absence of ascertainable amount & identifiable payee,

May 25, 2023 18216 Views 0 comment Print

ITAT held that in the absence of an ascertainable amount and identifiable payee, the machinery provisions of recovering tax deducted at source falls flat

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