yuvraj.ala Archive
Yuvraj Singh
March 28, 2022
58
In a landmark ruling, the Hon’ble WB Taxation Tribunal held that the State of WB lacked legislative competence in enacting Section 5 & Section 6 of the WB Finance Act, 2017 on account of deletion of Entry 52 of List II of 7th Schedule by The Constitution 101st Act, 2017 w.e.f. 16.09.2016. The tribunal held …
Yuvraj Singh
March 28, 2022
50
Recently the Hon’ble MP High Court has set aside the Notice dated 31.03.2021 issued under Section 148 of the Income Tax Act, which was delivered to the Assessee only on 16.04.2021. The Hon’ble Court while setting aside the Notice dated 31.03.2021 held that the Assessing Officer was mandated to follow the procedure prescribed under Section …
Yuvraj Singh
March 28, 2022
43
The Hon’ble Delhi High Court has been pleased to stay the Notices issued under Section 148 of the Income Tax Act, which have been dated 31.03.2021 or before, however, digitally signed/received/issued/delivered only on 01.04.2021 or later. The said interim stay has been granted in the case of Sharad Garg v. ITO W.P(C) No. 8994/2021 and …
Yuvraj Singh
February 21, 2022
84
The Division Bench of Hon’ble Bombay High Court , in W.P.(C) No. 2693 of 2021, while deciding a Petition wherein challenge to the blocking/freezing of the Electronic Credit Ledger (“ECL”) under Rule 86-A of the CGST Rule was made, held that power to block ECL is drastic in nature and therefore all the requirements of …
Yuvraj Singh
January 13, 2022
93
In a recent ruling in the case of CCE v. Lumino Industries Limited STA No. 76795 of 2017, the Hon’ble CESTAT Kolkata has set aside the appeal filed by the department against the order of the Principal Commissioner, ST Kolkata and has held that the Service Tax is payable only on the service component of …
Yuvraj Singh
January 12, 2022
460
In a landmark decision dated 10.01.2022, the Hon’ble Bombay HC has held that extension of limitation period by Hon’ble Supreme Court in view of COVID-19, shall also apply to Refund Applications filed under Section 54(1) of the CGST Act. The Division Bench of Hon’ble Bombay High Court, comprising of Hon’ble Justice R. D. Dhanuka & …
Yuvraj Singh
January 3, 2022
154
Income Tax Department cannot recover more than 20% of the tax once the demand is disputed – Delhi High Court In a recent landmark ruling in the case of M/s Essjay Ericsson Pvt. Ltd. v. CIT, Delhi, the DB of Hon’ble Delhi High Court has directed the department to refund the money recovered/adjusted in excess …
Yuvraj Singh
November 27, 2021
150
Just a few months ago the Hon’ble Supreme Court had overruled the judgement of Hon’ble Gujarat High Court, in VKC Footsteps India Private Limited and decided in favour of Revenue holding that refund of ITC on ‘input services’ is not available under inverted duty refund u/s 54(3) r/w Rule 89(5). More recently, the Hon’ble Supreme Court on …
June 25, 2021, marks the completion of 46 years post imposition of Emergency in India, which is still considered as one of the darkest chapters in the history of this country. At ALA Legal, we held an enriching group discussion as to who all failed us as a nation and what needs to be learnt …
In a latest amendment, the Government has resolved the long-litigated issue in calculation of time limitation of 2 years for filing of refund application in accordance with Section 54(1) of the CGST Act and the issuance of deficiency memo in accordance with Rule 90(3) of the CGST Rules. The Government has brought the latest amendment …