Blog No. 30: GST on Royalty paid for Mining Lease – Stay on operation of show cause notice(s)

๐“๐ก๐ž ๐‹๐š๐ฐ ๐จ๐ง ‘๐‘๐จ๐ฒ๐š๐ฅ๐ญ๐ฒ’ The royalties in respect of mining leases are specified in Section 9 of Mining and Minerals (Regulation & Development) Act, 1957. State Governments have also promulgated legislations with respect to the levy. This law hails its constitutional backing from: ๐‹๐ข๐ฌ๐ญ ๐Ÿ: ๐”๐ง๐ข๐จ๐ง ๐‹๐ข๐ฌ๐ญ: 54. Regulation of mines and mineral development to […]

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Blog No. 29 limitation period for filing appeal – order must be uploaded online

๐‡๐ข๐ ๐ก ๐‚๐จ๐ฎ๐ซ๐ญ ๐จ๐›๐ฌ๐ž๐ซ๐ฏ๐š๐ญ๐ข๐จ๐ง๐ฌ: The period of limitation will start to run only when the order is uploaded in the web portal and not when the order is received in the physical form by the petitioner. There was a failure on the part of the respondents to upload the order. Petitioner cannot be mulcted with the responsibility of

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Blog No. 27: sc disallowed bharti airtel from seeking 923 crore gst refund by rectifying gst return thereby setting aside the delhi high court order

Bharti Airtel had sought a GST refund for the period between July  and September 2017, arguing that ๐ข๐ญ ๐ก๐š๐ ๐ฉ๐š๐ข๐ ๐ž๐ฑ๐œ๐ž๐ฌ๐ฌ ๐ญ๐š๐ฑ ๐จ๐Ÿ โ‚น๐Ÿ—๐Ÿ๐Ÿ‘ ๐œ๐ซ๐จ๐ซ๐ž, ๐š๐ฌ ๐ญ๐ก๐ž ๐†๐’๐“๐‘-๐Ÿ๐€ ๐Ÿ๐จ๐ซ๐ฆ ๐ฐ๐š๐ฌ ๐ง๐จ๐ง-๐จ๐ฉ๐ž๐ซ๐š๐ญ๐ข๐จ๐ง๐š๐ฅ ๐๐ฎ๐ซ๐ข๐ง๐  ๐ญ๐ก๐ž ๐ญ๐ข๐ฆ๐ž. It argued that FORM GSTR-3B did not allow validation before uploading. In the absence of such validation, chances of incorrect details

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Blog No. 26: Ques: What are the tax benefits of purchasing an electric car or electric scooter?

๐Ÿ. ๐ˆ๐ง๐œ๐จ๐ฆ๐ž ๐“๐š๐ฑ: Deduction of Rs. 1,50,000/- is allowed on the interest paid on loan taken to buy electric vehicles under section 80EEB of income Tax Act, 1961. ๐Ÿ. ๐†๐’๐“: Under GST the electric vehicles are taxable at a rate of 5% instead of 28% which is levied on non-electric vehicles.๐Ÿ‘. ๐†๐ซ๐ž๐ž๐ง ๐“๐š๐ฑ:The government has

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Blog No. 25: manual filing of appeal

๐–๐ก๐š๐ญ ๐๐จ๐ž๐ฌ ๐ฅ๐š๐ฐ ๐ฌ๐š๐ฒ? Rule 108(1): “An appeal to the Appellate Authority under Sub-Section (1) of Section 107 shall be filed in form GST APL-01 along with the relevant documents, either electronically or otherwise as may be notified by the Chief Commissioner and a provisional acknowledgment shall be issued to the appellant immediately.โ€ ๐€๐ฉ๐ฉ๐ž๐š๐ฅ ๐œ๐š๐ง

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Blog No. 24: cbic clarifies services by cloud kitchens/central kitchens to be considered as restaurant services

CBIC vide Circular No. 164/20/2021-GST dated October 06, 2021 has provided clarification regarding GST rates & classification based on the recommendations of the GST Council in its 45th meeting held on September 17, 2021. Under Notification No. 11/2017 โ€“ CTR ย the term โ€˜restaurant serviceโ€™ is defined as below โ€˜Restaurant serviceโ€Ÿ means supply, by way of

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Blog No. 23: pre-arrest bail ~ compliance to summon proceedings

๐๐จ๐ข๐ง๐ญ ๐ญ๐จ ๐ง๐จ๐ญ๐ž CGST Act is primarily an enactment for collection of revenue which is the primary objective of the said legislation. ๐€๐ซ๐ซ๐ž๐ฌ๐ญ ๐ข๐ฌ ๐จ๐ง๐ฅ๐ฒ ๐ข๐ง๐œ๐ข๐๐ž๐ง๐ญ๐š๐ฅ to achieve the above objective. ๐’๐‚ ๐ฌ๐š๐ข๐ ๐ข๐ง ๐ญ๐ก๐ž ๐œ๐š๐ฌ๐ž ๐จ๐Ÿ ๐€๐ซ๐ง๐ž๐ฌ๐ก ๐Š๐ฎ๐ฆ๐š๐ซ In Arnesh Kumar vs State of Bihar, the SC upheld that the directions would also cover

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Blog No. 22: inspection, search and seizure

๐…๐š๐ข๐ซ๐ง๐ž๐ฌ๐ฌ ๐จ๐Ÿ ๐ฉ๐ซ๐จ๐œ๐ž๐๐ฎ๐ซ๐ž No recovery should be made at the time of search under any circumstance. Voluntary payments should be accepted one day after closure of search. Facility to file complain after end of search should be made available. If any complaint is filed and officer is found to have acted in defiance, strict disciplinary

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Blog No. 21: Directorate General of Foreign Trade (DGFT) has extended the validity of Foreign trade Policy 2015-2020 until 31st March 2022.

This policy provides guidelines for promoting economic growth and strengthening exports to create employment and incentives under various schemes https://pakshlegal.in/wp-content/uploads/2021/10/document.pdf

Blog No. 21: Directorate General of Foreign Trade (DGFT) has extended the validity of Foreign trade Policy 2015-2020 until 31st March 2022. Read More ยป

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