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GST on secondment of employees -SC judgment and instruction of CBIC
Comment The secondment of employees was treated as manpower supply by the honorable Supreme court. This was a very important judgment and after this the department started sending a lot of notices. Then the department issues instruction no. 5/2023(attached here). Details of the case
Delhi High Court Ruling: Castrol Limited vs. Newcast Roi Racing
Background: In a recent landmark ruling, the Delhi High Court awarded Rs. 12 lakhs in costs and damages to Castrol Limited in a trademark dispute against two individuals manufacturing engine oil products under the mark “Newcast Roi Racing.” Deceptive Similarity: Justice Sanjeev Narula highlighted the
Non speaking GST order quashed by Delhi high court
Comment The order was issued before hearing the appellant. The order is cryptic and it is template based and doesn’t mention the reason for the demand raised. Details of the case Pleading 1. Petitioner impugns order dated 24.12.2023, whereby Show Cause Notice dated 24.09.2023,
CA Shafaly GirdharwalFeb 22, 2024Duplicate proceedings for same period not allowed
Comment Duplicate proceedings for same period not allowed The proceedings were already in process. A summon was issued to the taxpayer. Court held that dual proceedings for the same period are not possible. The order was stayed by the court. Details of the case Pleading
CA Shafaly GirdharwalFeb 22, 2024No need to file certified copy of appeal
Comment The appeal was filed online in this case. But the TP couldnt file the certified hard copy. The honourable court dropped the order rejecting the appeals declaring them time barred. It was clarified by the court that if the appeal is successfully filed on
CA Shafaly GirdharwalFeb 22, 2024Deptt have the burden of proof in case of small errors
Burden of Prove is on Taxpayer HOWEVER If the Error is Clerical/ Typographical in Nature, Initial Burden is on Department to Prove Evasion of Tax- [Way Bill, Vehicle Detention] Allahabad High Court in case of M/S Indeutsch Industries Private Limited Versus State Of U.P. And
CA Rachit AgarwalFeb 22, 2024Writ rejected as appellant need to reply Adjudicating authority first
Comment Writ was rejected by the court. The appellant was asked to first make reply to the adjudicating authority. Details of the case Pleading Challenge has been raised to the adjudication notice issued under Section 73 of the Uttar Pradesh Goods and Services Tax Act,
CA Shafaly GirdharwalFeb 22, 2024Cash can’t be seized by the Deptt
“CASH” does not fall under ambit of “Thing”, CGST Authority not empowered to seize Cash during Search u/s 67 of CGST Act, 2017 Hon’ble Delhi High Court in case of M/S K.M. Food Infrastructure Pvt Ltd Through Its Director Mukesh Kapoor and Mukesh Kapoor and
CA Rachit AgarwalFeb 22, 2024Karnataka AAR: GST Exemption for Panchayat and Municipality Services
Karnataka AAR Rules Manpower Services to Panchayats and Municipalities Exempt from GST In a recent landmark ruling, the Karnataka Authority for Advance Ruling (AAR) addressed the issue of Goods and Services Tax (GST) applicability on manpower services provided to Panchayats and Municipalities under specific constitutional
“Import Compliance: CBIC’s Boric Acid Guidelines
Navigating Import Compliance: CBIC’s Directives In a proactive step towards ensuring import compliance, the Central Board of Indirect Taxes and Customs (CBIC) has issued Instruction No. 03/2024-Customs on February 19, 2024. This directive focuses on the importation procedures related to Boric Acid (Technical Grade) and
Business Expansion StrategyTop 8 Services Provided by Professional Transcreation Agencies in Malaysia
The ability to effectively communicate across cultural boundaries is crucial. Language plays a pivotal role in bridging these gaps and ensuring that businesses and individuals can effectively connect with their target audience. However, translation alone often falls short of capturing the nuances, cultural references, and
CESTAT: Web Cameras Classified Under Chapter Heading 8473
The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) in Bangalore has made a significant ruling regarding the classification of web cameras under the Customs Tariff Act. In the case of M/s. Xiaomi Technology India Private Limited, the Tribunal held that web cameras are rightly