Posts Tagged ‘Harmonious’

ITC cannot be denied on tax paid on advance when there is proper document u...

Posted On November 22nd, 2024

Note – Although sub-section (1) of Section 16 is conditional upon the fulfillment of the requirements as contained in sub-section (2), in our opinion, the incorporation as contained in sub-section […]

Audit under Section 65 permitted even if registration closed as liability c...

Posted On July 11th, 2024

Note – Section 29(3) of the CGST Act clearly mandates that the cancellation of registration under this section shall not affect the liability of the person to pay tax and […]

Interest under Section 50 only from due date till date of deposit of amount...

Posted On July 3rd, 2024

Note – The tax amount which has already been credited to the Government by depositing an electronic cash credit ledger by the petitioner is required to be considered as a […]

Notified Area Authority distinct from Local Authority and Govt. Authority

Posted On May 7th, 2024

Note – The Area Development Authority is not akin to the municipality constituted under Article 243Q(1) of the Constitution of India. In view of the decision of the Hon’ble Apex […]

Flavoured milk falls under HSN 0402 and GST council cannot impose classific...

Posted On November 16th, 2023

Note – The power of the 3rd respondent GST Council is merely recommendatory. It is for the Government to fix appropriate rate on the goods that are classifiable under the […]

While retrospective amendments possible for curing defects amendment to be ...

Posted On October 25th, 2023

Note – Section 19 of the Constitution (101st Amendment) Act, 2016 and Article 246A enacted in exercise of constituent power, formed part of the transitional arrangement for the limited duration […]

Clause on 90 percent equity or control for Govt authority applies only to c...

Posted On October 17th, 2023

Note – The revised definition of “governmental authority” and the few punctuations in the definition (two semicolons and two commas) and the conjunction ‘or’ have been noticed above. Literally read, […]

Roasted betel nuts fall under HSN 20 and specific entry relevant and not co...

Posted On August 18th, 2023

Note – When there is a specific entry covering a product/commodity, the test of common parlance is irrelevant in determining classification. Roasting is a process treated to be distinct from […]

Clause on intermediary under IGST law is valid and not ultravires the Const...

Posted On April 20th, 2023

Note – The provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are […]

Unadjusted TDS from VAT has to be refunded to assessee or allowed to be tra...

Posted On January 27th, 2023

Note – The unadjusted TDS amount from VAT would have been otherwise refundable to the Petitioners if the same were not allowed to be carried forward as excess input tax […]

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