Team ALA Legal Archive
Denial of cross examination is in violation of principles of natural justice – Calcutta High Court
The petitioner in the case of Sampad Narayan Mukherjee v. Union of India & Ors., W.P. No.25447 (W) of 2018 challenged an order-in-original confirming allegations raised in a show cause notice. The petitioner had replied to the said show cause notice and had also requested for cross-examination of witnesses whose statements were relied upon in the show cause …
Notified Changes after recommendations by GST Council in 31st Meeting dated 22.12.2018
1. ITC for FY 2017-18 – can be availed upto filing of GSTR-3B of March’2019 – Input Tax Credit w.r.t invoices of F/Y 2017-18 may be availed by recipient till the due date of furnishing FORM GSTR-3B for the month of March 2019. It is to be noted that abovesaid benefit shall be …
Challenges of Change under GST: Fetters placed on availment of transitional credit – a discussion
An article published in peer reviewed magazine of Views Exchange CA Study Circle – EIRC on the occasion of their Annual Conference 2018. Authored by Mr. Puneet Agrawal and Mr. Gaurav Gupta.
Complete GST Law Book Release
Presenting the book to Mr. Justice Deepak Gupta, Judge, Supreme Court of India, Mr Justice IA Ansari, Chairman Human Rights Commission of Punjab (Ex-Chief Justice Patna HC) and Sh. Ganesh Purohit Sr. Adv. – Past President AIFTP. Book release in Chandigarh – By Ex-Vice President of CESTAT, Shri S.S. Kang.
GST on Transfer of Development Rights (TDR) – Bombay High Court admits Writ
The Hon’ble Bombay High Court has admitted a Writ Petition challenging the levy of GST on Development Rights. 1. After the introduction of GST, levy of GST on Development Rights is a big challenge for the real estate sector due to wide scope of definition of the term “Service”. 2. Under Notification No. 4/2018 – Central …
Recommendations by GST Council in 31st Meeting dated 22.12.2018
1. ITC for FY 2017-18 – can be availed upto filing of GSTR-3B of March’2019 Input Tax Credit w.r.t invoices of F/Y 2017-18 may be availed by recipient till the due date of furnishing FORM GSTR-3B for the month of March 2019. We suggest to avail it on or before 31.03.2019 2. Annual Return …
Bottling Arrangement of Alocoholic Liquor For Human Consumption – Summary of Order of Maharashtra AAR
The recent Order of the Maharashtra AAR in the matter of Crown Beers India Pvt. Ltd dated 04.09.2018 has been summarized as under: Facts in the Application: The Bottler is to brew / manufacture package and supply beer to buyers / distributors in the territory identified by Applicant. In consideration for fulfillment of the above …
Anti-Profiteering Provisions Under GST and our Suggestions
1. Wharton’s Law Lexicon and Black’s Law Dictionary has defined “Profiteering” as “Taking advantage of unusual or exceptional circumstances to make excessive profits” and anti-profiteering is a measure taken against profiteering. 2. Section 171 of the Central Goods and Services Tax Act, 2017, makes it mandatory to pass on the additional benefit received to the …
Case Analysis of “CCE Vs. Madhan Agro Industries (I) Pvt. Ltd”, CIVIL APPEAL NO. 1766 of 2009
Issue: Classification under Central Excise Tariff Act, 1985 Facts: Aggrieved by the orders passed by the Hon’ble CESTAT wherein it was held that the coconut oil manufactured and packed in “small containers” by the Assessees is classifiable under Heading 1513 (coconut oil) and not under Heading 3305 (hair oil) of the Central Excise Tariff Act, …

