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Approximately 200 companies, including McDonald’s India, L’Oreal, Colgate Palmolive, Castrol, Saint-Gobain, Whirlpool, Mastek, and Domino’s Pizza, have obtained notifications from state authorities requesting taxes for the period before the Goods and Services Tax (GST) was implemented. These companies are contesting the taxation of the same item as both “goods” and “services” and have taken their […]
The Hon’ble Allahabad High Court in RAVINDER NATH SHARMA@ RAVUBDER SHARMA VERSUS UNION OF INDIA – 2023 (7) TMI 626 – ALLAHABAD HIGH COURT gave the bail to the taxpayer acknowledging certain conditions and carried that the arrest was made without no proper justifiable reasons and no GST recovery notice was issued. Points: Ravinder Nath […]
On 25th August, the Supreme Court issued the notice for the two identical writ petitions that have been filed under Article 32 of the Constitution of India, contesting the constitutional validity of multiple provisions of the Central Goods and Services Tax Act, 2017 (CGST Act) including Section 69 (i.e., power to arrest), 70(1) (i.e., power […]
In the case of M/s. Aastha Enterprises Vs. State of Bihar [CWJ 10395 of 2023 dated 18th August 2023] Hon’ble Patna High Court held that Input Tax Credit (ITC) is a benefit or concession granted to the assessee under the statutory scheme, rather than a right conferred upon them. In the case of M/s. Aastha […]
The Supreme Court, after hearing the case of M/s. Safari Retreats Pvt. Ltd. & Ors. on 23rd August 2023 at 2:00 PM decided the next hearing before the bench of two members, Justice Abhay S. Oka and Justice Sanjay Karol. In the next hearing, the Supreme Court will regulate the Goods and Services Tax (GST) […]
In a recent case regarding dismissing a writ petition filed by a taxpayer against a GST assessment year, the Supreme Court upheld the move by the Patna High Court. The directive given in the Vishwanath Traders case has significant implications for small and medium-sized enterprises (SMEs), micro, small, and medium enterprises (MSMEs), small business owners, […]
The Allahabad High Court on Wednesday imposed a fine of Rs. 10,000 on an Income Tax Department officer for not adhering to the natural justice while terminating the previous Assessment Order and initiating fresh proceedings under Section 263 of the Income Tax Act, 1961. The petitioner’s assessment was conducted under Section 143(3) of the Income […]
The Delhi High Court in its recent decision in the matter of M/S. Vikas Enterprises Vs. Commissioner of Central Tax (Gst), Delhi North & Anr. [2023 (8) Tmi 239- Delhi High Court], ordered to eliminate debit freeze on a bank account of a taxpayer wherein the directive was given by the superintendent. However, under the […]
According to those with knowledge of the situation, the income tax (I-T) department has concluded its investigation into suspected irregularities in the payment of commissions by insurance companies and discovered evasion of more than Rs 15,000 crores. They estimated that the tax on this will be over Rs 4,500 crore. The investigative wing of the […]
