Apex Court calls provisional attachment under GST ‘Draconian’
April 20, 2021
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Conditions prescribed by the statute for a valid exercise of the power must be strictly fulfilled, says SC
The Supreme Court on Tuesday came down hard on the GST (Goods & Services Tax) Department by terming the provisional attachment under GST law as ‘draconian’.
“The power to order a provisional attachment of the property of the taxable person including a bank account is draconian in nature and the conditions which are prescribed by the statute for a valid exercise of the power must be strictly fulfilled,” a division bench of justices Dhananjaya Y Chandrachud and MR Shah said in its ruling while setting aside the orders of provisional attachment dated October 28, 2020 in the matter of Radha Krishan Industries.
Supreme court cracks the whip on GST Department
April 20, 2021
Calls provisional attachment under GST as ‘Draconian’
The Supreme Court on Tuesday came hard on GST (Goods & Services Tax) Department by terming provisional attachment under law as ‘draconian’.
“The power to order a provisional attachment of the property of the taxable person including a bank account is draconian in nature and the conditions which are prescribed by the statute for a valid exercise of the power must be strictly fulfilled,” a division bench of justices Dhananjaya Y Chandrachud and MR Shah said in its ruling while setting aside the orders of provisional attachment dated October 28, 2020 in the matter of Radhe Krishan Industries.
GST defaulter: Bank a/cs of family members cannot be attached, says Court
March 16, 2021
Bombay HC rules it is a serious invasion into the private domain of the taxpayer
Bank accounts of family members of a GST assessee in default should not be attached, the Bombay High Court has ruled.
Dharmesh Gandhi had approached the High Court after nine bank accounts of his and his family members were provisionally attached by the GST Department. The court noted that only three accounts belonged to Gandhi, while the rest were of his family members’.
The Division Bench quoted some portions of a ruling in a similar matter in Siddhart Mandavia Vs Union of India (November, 2020) by the same court. According to the ruling, “It goes without saying that pre-assessment attachment of property, including bank account, even if provisional, is a drastic measure. Its sole purpose is to protect the interest of government revenue. It cannot be used as a punitive measure. It is a serious invasion i
CBIC clarifies on GST refunds related to deemed export, zero-rated supplies
March 12, 2021
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The Central Board of Indirect Taxes and Customs (CBIC) has come out with a clarification on GST refunds related to deemed export supply and zero-rated supply.
The board said that representations have been received on the difficulties being faced by the recipients of the deemed export supplies in claiming refund of tax paid in respect of such supplies since the system is not allowing them to file refund claim under the aforesaid category unless the claimed amount is debited in the electronic credit ledger.
Deemed export supply The circular said though there is no restriction on recipient of deemed export supplies in availing ITC of the tax paid on such supplies when the recipient files for refund claim, but some restrictions emerged on account of Master Circular of 2019. Explaining this, Aditya Singhania, Founder at Singhania s GST Consultancy & Co, said supply of goods against Adva
‘Alcohol-based hand sanitiser to draw 18% GST’
March 05, 2021
Reducing GST on sanitisers will create an inverted duty structure, the Finance Ministr y had said - NISSAR AHMAD
Reducing GST on sanitisers will create an inverted duty structure, the Finance Ministr y had said - NISSAR AHMAD×
Karnataka Authority for Advance Ruling (AAR) says it is not a medicament
Authority for Advance Ruling (AAR) in Karnataka has said that alcohol based hand sanitizer is not medicaments. Accordingly, it is liable to be taxed at 18 per cent.
In its recent ruling on an application by Bengaluru-based Wipro Enterprises, the AAR has said that: “Alcohol-based hand sanitisers, as the name itself suggests, are to sanitise the hands and disinfect them and hence cannot be covered under Medicaments.” Hence, it ruled that rate of CGST and SGST would be 9 per cent each.
Before AK vs AK, Anil Kapoor reinvented himself with 24. On Throwback Thursday
Today, on Anil Kapoor s 64th birthday, we take a look back at his Television debut in the 2013 show 24 and how it helped him bounce back. Anil was the first major Bollywood star to feature in a TV show.
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Anil Kapoor made his Television debut with 24.
Anil Kapoor made his debut in Hindi films with the 1983 film Woh Saat Din. Since his debut, Anil hasn t taken a break from the screen, except in 2014 (when he was producing Sonam Kapoor s Khoobsurat).
It is also difficult to find a lull period in Anil Kapoor s career. Whether it was starring in films like No Problem, Pagalpanti, Race 2 or playing a cameo in the Oscar-winning film Slumdog Millionaire, the Jhakaas star has always managed to stay relevant.