Paksh Legal

Blog No. 81: Burden of proof in case of confiscation is on Department- Excess Stock is to be determined properly: Allahabad High Court

Recently, Hon’ble Allahabad High Court in the case of M/S Eco Plus Steels Pvt. Ltd Versus State of U.P and 3 others reported as 2024 (4) TMI 291 discussed the question “whether mere presence of additional stock would result in confiscation and subsequent penalty” and held that it cannot so result because section 130 deals with point of …

Blog No. 81: Burden of proof in case of confiscation is on Department- Excess Stock is to be determined properly: Allahabad High Court Read More »

Blog No. 80: Orders passed by Delhi GST department for reason “Since reply/explanation submitted by the taxpayer is not satisfactory” are not sustainable if detailed reply is filed: Delhi High Court

Recently, Hon’ble Delhi High Court in the case of Larsen and Toubaro Limited and Passavant Energy and Environment GMBH JV V/s Commissioner of Delhi Goods And Service Tax And ANR. reported as 2024 (4) TMI 160 held that proper officer committed an error in law of not appreciating detailed reply filed by petitioner to show cause notice …

Blog No. 80: Orders passed by Delhi GST department for reason “Since reply/explanation submitted by the taxpayer is not satisfactory” are not sustainable if detailed reply is filed: Delhi High Court Read More »

Blog No. 79A: Restrictions on the import of specific items, including Laptops, Tablets, All-in-one Personal Computers, and others

The DGFT, through its Notification No. 26/2023 dated 4th August 2023, has amended the Notification No. 23/2023 dated 3rd August 2023 which has been notified for the restrictions on the import of specific items, including Laptops, Tablets, All-in-one Personal Computers, and Ultra small form factor Computers, Servers under HSN 8471.   To know more, read in detail the given update …

Blog No. 79A: Restrictions on the import of specific items, including Laptops, Tablets, All-in-one Personal Computers, and others Read More »

Blog No. 79: Restrictions on the import of specific items, including Laptops, Tablets, All-in-one Personal Computers, and others

The DGFT, through its Notification No. 23/2023 dated 3rd August 2023, has imposed restrictions on the import of specific items, including Laptops, Tablets, All-in-one Personal Computers, and others. To know more, read in detail the given update below: What does this restriction mean? This restriction means placing certain goods under the “Restricted Category,” thereby requiring importers to …

Blog No. 79: Restrictions on the import of specific items, including Laptops, Tablets, All-in-one Personal Computers, and others Read More »

Blog No. 78: Having offices in more than one State? – CBIC issues clarification regarding cross charge and distribution of ITC in respect of common services

GST Council has examined the much debated issues of cross-charge and distribution of ITC in respect of common input services (like advertisement services, marketing services, audit services etc.) by one office of an organization to another office of that organization in another State. This issue has been clarified through the Circular No. 199/11/2023-GST dated 17th July 2017.   To …

Blog No. 78: Having offices in more than one State? – CBIC issues clarification regarding cross charge and distribution of ITC in respect of common services Read More »

Blog No. 77: Clarification on issue pertaining to e-invoice.

The GST Council has examined the issue in respect of applicability of e-invoice under rule 48(4) of Central Goods and Services Tax Rules, 2017 w.r.t supplies made by a registered person, whose turnover exceeds the prescribed threshold for generation of e-invoicing, to Government Departments registered solely for the purpose of deduction of tax at source …

Blog No. 77: Clarification on issue pertaining to e-invoice. Read More »

Blog No. 76: Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period.

The GST Council has examined the issue in respect of GST liability as well as liability to reverse ITC against the supplies of replacement of parts and repair services during the warranty period without any consideration from the customers. This issue has been clarified through Circular No. 195/07/2023-GST dated 17th July 2023.   To know more, read in detail the …

Blog No. 76: Clarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period. Read More »

Blog No. 75: Clarification on taxability of shares held in a subsidiary company by the holding company.

The GST Council has examined the issue that whether the holding of shares in a subsidiary company by the holding company will be treated as ‘supply of service’ under GST and will be taxed accordingly or whether such transaction is not a supply through the Circular No. 196/08/2023-GST dated 17th July 2023 and clarified the same.   To know more, …

Blog No. 75: Clarification on taxability of shares held in a subsidiary company by the holding company. Read More »

Blog No. 74: Clarification on charging of interest u/s 50(3) of the CGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof.

The GST Council has examined the issue of chargeability of interest u/s 50(3) of the CGST Act, 2017 in the cases where IGST credit has been wrongly availed and reversed later. The clarification for the same has been issued through the Circular No. 192/04/2023-GST dated 17th July 2023.   To know more about the clarifications, read in detail the …

Blog No. 74: Clarification on charging of interest u/s 50(3) of the CGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereof. Read More »

Blog No. 73: 2 Factor Authentication (2FA) for login on E-Way Bill and E-Invoicing Portal

As per the update given on the e-Way Bill portal dated 12th June 2023, NIC has introduced the 2 Factor Authentication for logging onto e-Way Bill and e-Invoice System to ensure a better security system. This would be mandatory from 15th July 2023 for the taxpayers having annual aggregate turnover of more than rupees 100crore.   To know more, read …

Blog No. 73: 2 Factor Authentication (2FA) for login on E-Way Bill and E-Invoicing Portal Read More »

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