Posts Tagged ‘Substantive’

Interest for differential IGST liability can be sought only once there is m...

Posted On March 19th, 2025

Note – When there is no substantive provision in Section 3 of Customs Tariff Act, 1975 requiring payment of interest and in the absence of specific provisions for levy of […]

A Show Cause Notice or an Order without signature is invalid and stipulatio...

Posted On March 6th, 2025

Note – Sections 73 and 74 of the GST Act are the substantive provisions for ‘Demands and Recovery’. In order to translate Demands and Recovery into reality, Rules were introduced […]

Commissioner to establish that an arrest is needed before exercising the po...

Posted On March 6th, 2025

Note – Arrest Under Customs Act: The threshold for arrest under Section 104(1) of the Customs Act is higher than that under Section 41 of the Code of Criminal Procedure. […]

Every statute introduced is only prospective unless there is specific inten...

Posted On February 13th, 2025

Note – The law is settled that if a substantive right has accrued to a person, it cannot be taken away unilaterally without notice or an opportunity of hearing to […]

Assigning of leasehold rights on immovable property not liable to GST as it...

Posted On January 9th, 2025

Note – Where by deed of assignment executed by the lessee there is no lease or sub-lease by the lessee but it is a deed of divesting all the rights […]

MEIS benefits cannot be sought to be refunded by customs contrary to stance...

Posted On December 3rd, 2024

Note – It would be impermissible for the customs authorities to either doubt the validity of an instrument issued under the FTDR Act or go behind benefits availed pursuant thereto […]

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 […]

Unbilled Amount cannot be subjected to service tax and what suffers tax is ...

Posted On November 11th, 2024

Note – Revenue has demanded the Service Tax on an amount considering the expenditure incurred on erection/commissioning and installation services for clients as part of the gross value which was […]

GST can be levied on royalty paid for mining rights

Posted On November 11th, 2024

Note – Royalty is not a tax. Therefore, the respondents/Central Government are well within their rights to levy GST on the royalty paid by the mineral concession holder for any […]

Rule 96 sub rule 10 is ultra vires Section 16

Posted On October 30th, 2024

Note – Rule 96(10) of the CGST Rules, as inserted by notification No.53/2018-CT dated 09-10-2018 w.e.f. 23-10-2017 is declared ultra vires the provisions of Section 16 of the IGST Act […]

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