News Updates
It Is The Bonafide Mistake Of Taxpayer Paying To Railways Instead Of GST Department: Bombay High Court
The Bombay High Court has held that the taxpayer has made a mistake and instead of paying the Government of India through the CGST authorities and the State of Maharashtra through the SGST authorities, the entire amount was paid to the Government of India through Indian Railways. The division bench of Justice K.R. Shriram and Justice A.S. Doctor has directed that the amounts which...
Uttarakhand High Court Vacates Stay On Cutting Of Trees For Construction Of Sahastradhara Road; Directs Govt To Transplant Trees
The Uttarakhand High Court has allowed the proposed cutting of '2057 numbers of trees' for road-widening project in the Sahastradhara passage leading to Mussoorie. While denying relief in the stay application filed by the petitioner to halt the move, a Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe observed, "As to which road should be developed...
IBBI Notifies Second Amendment To Insolvency Professional Regulations
The Insolvency and Bankruptcy Board of India ("IBBI") has amended the IBBI (Insolvency Professionals) Regulations, 2016 ("IP Regulations") for a second time and has notified the amendment on 13.09.2022. The amendment has added Clause 26A to the IP Regulations which states that an Insolvency Professional shall not accept /share any fees or charges from any professional and/or support...
GST Exemption On Composite Supply Of Service By Milling Food Grains Into Flour To State Govt. For Public Distribution System: AAR
The West Bengal Authority of Advance Ruling (AAR) has ruled that the composite supply of services by way of milling of food grains into flour to the Government of West Bengal for distribution of flour under the Public Distribution System is eligible for GST exemption.The two-member bench of Brajesh Kumar Singh and Joyjit Banik observed that the value of by-products retained by...
Complaint Already Filed Against Police Officer: Gujarat High Court Declines Contempt Action Over Failure To Register Rape FIR
The Gujarat High Court recently declined to entertain a contempt petition against a Police Inspector for allegedly failing to comply with the Apex Court's decision in Lalita Kumar v/s State of UP, for prompt registration of FIR on receipt of information regarding cognizable offence.A bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed:"Having found a...
Customs Duty Exemption On Imported WAP: CESTAT
The Delhi bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that imported WAP is entitled to an exemption from the whole of the customs duties under the ITA.The two-member bench of Justice Dilip Kumar (President) and P.V. Subba Rao (Technical Member) has observed that imported WAP is a networking equipment working on LAN, connecting Wi-fi enabled...
Amount Deposited Voluntarily During Investigation Can't Be Treated As Amount Towards Pre-Deposit: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the amount deposited voluntarily during an investigation cannot be treated as an amount towards the pre-deposit as it was not an amount deposited at the time of the filing of the appeal.The two-member bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed...
Reassessment Notice Can't Be Challenged If Assessee Failed To Submit Crypto Currency Account Transactions: Rajasthan High Court
The Rajasthan High Court has held that the reassessment notice cannot be challenged if the assessee failed to submit crypto currency account transactions to the income tax department.The division bench of Justice Manindra Mohan Shrivastava and Justice Shubha Mehta held that bank transactions alone are not sufficient to verify the trade in crypto currency. The assessee ought to...
Paper Cess Is Not Includible In The Calculation Of Education Cess And Secondary & Higher Education Cess: CESTAT
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that Paper Cess is not includible in the calculation of Education Cess and Secondary & Higher Education Cess. The Bench of P.K. Choudhary (Judicial Member) held that though Cess on Paper is an excise duty, however, it is levied under the Industries (Development and Regulation)...
Supply Of Services For Plantation Of Mangrove Seeds And Seedlings In Coastal Areas Attracts 18% GST: AAR
The West Bengal Authority of Advance Ruling (AAR) has held that the supply of services for the plantation of mangrove seeds and seedlings in coastal areas would attract 18% GST.The two-member bench of Brajesh Kumar Singh and Joyjit Banik observed that no GST is payable on the supply of services for cultivation, planting and nurturing of fruit trees. The applicant is in the...
Delhi High Court Directs BCI To Constitute Special Teams For Conducting Surprise Visits To Law Colleges, Shut Those Lacking Minimum Infra
The Delhi High Court on Friday directed the Bar Council of India (BCI) to constitute special expert teams to conduct surprise visits of law colleges that lack minimum infrastructure and adequate facilities. Justice Chandra Dhari Singh added that the inspection reports of the law colleges shall be uploaded on its website, within one month of such inspection."If any colleges upon such...