Blogs

Blog No. 40: In Complaint cases, Arrest should be made after submission of Prosecution Report

Hon’ble Orissa High Court released the petitioner on interim bail for a period of four weeks from the date of release (now extended till April 2022 by subsequent orders) in case where the arrest was made even before submission of the prosecution report in a complaint case.   Read more about the case [Sandeep Mohanty versus […]

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Blog No. 39: Consumption of goods does not change the nature service from Pure Service to Composite Service

Authority for Advance Ruling in the State of Uttarakhand ruled that contract for supply of manpower services inclusive of safety kits to be worn by the manpower is still a contract for “Pure Service” and hence exempt under entry No. 3 of Not. No. 12/2017 CT (Rate) dated 28.06.2017. Read about the case M/s Green

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Blog No. 36: Refund is not compulsorily electronic – it can be filed manually as well

The procedural law related to filing of refund application has been given under Rule 89 to 97A of the CGST Rules, 2017. Rule 97A thereof clearly provides for manual filing as well as processing of refund applications. Therefore, circular providing only for electronic filing is not accordance with law as it renders rule 97A otiose.

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Blog No. 35: Detention-Officers shall promote free flow of trade in the State

  Hon’ble Allahabad High Court in a case of detention of goods highlighted that state authorities acting illegally and in an arbitrary manner are primarily responsible for restricting state government’s efforts in promoting free flow of trade in the State. Hence, imposed a cost of Rs. 20,000/-. Read about the case [S/S Shri Surya Traders Versus UoI

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Blog No. 31: Exemption on Design Build Operate and Transfer Contracts with Operation & Maintanance clause [DBOT Model with O&M]

The Government/ local authorities invite bids for certain type of works which are in relation to functions entrusted to Panchayat or Municipality under article 243G or 243W of the Constitution of India. The Govt. has issued exemption for taxability of these contracts but it appears that these exemption entries have not been appreciated properly by

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