Team ALA Legal Archive

The Hon’ble High Court of Delhi by Giving a Landmark Verdict on the issue of Period of Refund Which Cannot Spread Across Two Financial Years has Stayed the Para 8 of the Circular NO. 125/44/2019-GST Dated: 18.11.2019

The CBIC had earlier issued a Circular No. 37/11/2018-GST F.No.349/47/2017- GST Dated 15th March, 2018 in pursuant to representations received from the traders regarding the issue being faced by them in claiming refund of exports in cases where refund period has been spread across different months and different financial years. Therefore, considering the issues of …

Notification declaring used C Forms as obsolete and invalid, quashed by Hon’ble High Court of Delhi

In the matter of BTC Industries Ltd. v. Commissioner, VAT in W.P.(C) 11876/2018, the Hon’ble Delhi High Court has quashed the impugned notification issued by Commissioner VAT declaring C Forms as obsolete and invalid, vide its order dated 24.10.2019. The Hon’ble Court relied on its earlier decision in Maa Jagdamba Traders v. Commissioner VAT W.P.(C) …

Renting of Motor Vehicles-RCM

Liability to pay tax under RCM on renting of motor vehicle by Body Corporates being recipient has been inserted w.e.f. 01.10.2019 in Serial no. 15 of N. No. 13.2017-Central Tax (R) dated 28.06.2017. The said entry has been amended by N. No. 29/2019-Central Tax (R) dated 31.12.2019 as : Sl.No. Category of Supply of Services …

Doctrine of Partial Merger again upheld by Hon’ble Haryana Tax Tribunal

Online Tax portal, Tax Guru recently published an article on the topic “Doctrine of Partial Merger again upheld by Hon’ble Haryana Tax Tribunal” wherein Adv. Puneet Agrawal, Partner, ALA Legal’s and Adv. Gaurav Gupta, Associate, ALA Legal, expressed their views on the recent final order passed by Hon’ble Haryana Tax Tribunal in the case of …

Hon’ble Delhi High Court grants stay on audit proceedings initiated by Service Tax Department

The Hon’ble Delhi High Court, has in the case of GeetanjaliYog LLP v. Union of India in W.P. (C) 13531/2019 issued notice and granted interim relief to the Petitioner on their plea that the power of initiating Audit proceedings for verification of documents and records are not provided for in the Finance Act. The grievance …

Assessment made by the Assessing authority pursuant to remand by Tribunal, has no consequence, when the Remand order has been challenged and set aside by the Court

The Hon’ble Allahabad High Court in Sales/Trade Tax Revision No. – 22 of 2011 and 23 of 2011, matter between Skoll Breweries Limited v. Commissioner of Commercial Tax, UP, has quashed the Order of the Commercial Tax Tribunal, Meerut, for passing the order beyond its jurisdiction for: “Treating Spent Malt as unclassified goods subjecting them …

Financial Service Proviers – Under the Umbrella of Insolvency and Bankruptcy Code, 2016

Within three years of its inception, the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Code”), has proven to become one of the most successful economic reforms in the Country with regard to resolution of stressed assets. The enactment of the Code has led to a greater stability in financial systems, being fundamental to …