Posts Tagged ‘Person’

Long delay in adjudication would result in the same being invalid

Posted On May 16th, 2024

Note – It is well settled in law that inordinate delay in adjudication of a show cause notice is fatal to its validity since it causes prejudice. Keeping the show […]

Supply of water from Govt source not liable to tax and distinct from right ...

Posted On May 15th, 2024

Note – Where the Agreement executed between the appellant and the government was for supply of water i.e. appellant drawing water from Rihand Reservoir, for which charges were paid by […]

Service of conducting event outside India can be taxed based on location of...

Posted On May 15th, 2024

Note – Sub-­section(5) of Section 13 of the IGST Act, includes the places of supply of services. In the present case, the supply of services i.e. jewellery exhibition has taken […]

Recovery of dues of company under liquidation from personal assets of direc...

Posted On May 14th, 2024

Note – In order to find out as to who are the persons responsible personally when the veil is lifted it would be wholly irrelevant as to whether such person […]

Statutory benefit of stay on recovery till appeal can be filed on constitut...

Posted On May 14th, 2024

Note – Subject to verification of the fact of deposit of a sum equal to 20 percent of the remaining amount of tax in dispute, or deposit of the same, […]

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 […]

Mango pulp not entitled to lower rate of tax of 5 percent

Posted On May 7th, 2024

Note – The GST Council has clarified in its 47th meeting that tax rate would continue to apply at 12% other than “mango sliced, dried” for which the GST rate […]

Interest liability cannot be avoided on delay in paying tax even if tax pai...

Posted On April 30th, 2024

Note – The offsetting of GST liabilities occurs only on furnishing of return and the credit to the input tax ledger also occurs only on such furnishing of returns. Neither […]

Upto three Adjournments available if sufficient cause is shown for non appe...

Posted On April 30th, 2024

Note – Cryptic order issued by Adjudicating Authority on non receipt of reply to SCN and non appearance on two occasions by assessee for personal hearing. Held: Though in terms […]

Refund of duty paid following letter from Dept and not under protest will n...

Posted On April 29th, 2024

Note – Appellant claimed refund of excess customs duty paid to get the gold biscuits imported released after their confiscation. Refund claim denied by Authorities as duty had been paid […]

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