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 …

GST System is Still in Trial and Error Phase: Delhi High Court Allows WRIT on TRAN-1 Issue

The Hon’ble Delhi High Court has vide order dated 20.08.2019 allowed writ petition wherein the Petitioner was unable to claim transitional credit under the GST regime due to its inability to connect to the common portal during the prescribed period. Further, it was observed that since the Petitioner was unable to even connect with the …

Hon’ble SC holds that dealer engaged in selling exclusively to Government can claim ITC even in absence of ‘C’ Form – TVS Motor Company

The Hon’ble SC  in the case of TVS Motor Company  held that a dealer engaged in selling exclusively to Government entities  can claim ITC even in absence of ‘C’ Form  as there sales are easily verifiable.     1. The said judgement in the case of M/s TVS Motor Company Limited (Civil Appeal No. 10560-10564 …

Delhi High Court Sets Aside Impugned Notification Issued by Commissioner, DVAT Cancelling Used Of Forms

The Hon’ble High Court of Delhi vide order dated 05.08.2019 in the case of Sheel Chand Agroils (P) Ltd. v. Government of NCT of Delhi in W.P.(C) 3245/2019 set aside the impugned notification issued by Commissioner, DVAT cancelling the used F Forms. The Hon’ble Court relied on its earlier decision in Maa Jagdamba Traders v. …