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Tax
RVNL is liable to be taxed at concessional rate of 12% GST, and not 18% for railway work contracts: Madras HC
After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.
‘Technological impediment cannot be a reason for harassing assessee year after year’ Supreme Court directs IT Department to upgrade software
The Central Board for Direct Taxes was also directed to take necessary steps for rectifying the software as the issue may not be resolved by the Jurisdictional Assessing Officer.
Absence of payment of freight charges, acknowledgement of taking delivery of goods, toll receipts fails to establish physical movement of goods; Allahabad HC upholds proceedings under S.74 of UPGST
“In the event of wrong availment of input tax credit, the proceedings can be initiated against the registered person or registered dealer but at the same time, restrictions has been imposed upon the authorities that without putting notice to the dealer, no adjudication proceeding can be initiated.”
Judgment on States’ power to levy tax on mining and mineral-use activities to apply retrospectively from 2005: Supreme Court
On 25-07-2024, the Supreme Court in 8:1 majority held that royalty paid by mining operators to the Central government is not a tax and that States have the power to levy cesses on mining and mineral-use activities. Whereas, Justice BV Nagarathna gave a dissenting opinion.
Read Justice BV Nagarathna’s sole dissent in SC’s verdict on ‘royalty’ as tax and States power to levy cess on mineral rights
“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
Taxability of ENA: Closing the Chapter or Opening a New Frontier?
by Shivam Mehta†, Tanya Garg †† and Srijita Chakraborty†††
Supreme Court on Parliament’s power to impose limitations on State to levy tax on mineral rights
Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.
Explained | Supreme Court’s verdict on ‘royalty’ as tax and States power to levy cess on mining and mineral-use activities
“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.
Supreme Court holds that States can levy cesses on mining and mineral-use activities; Justice BV Nagarathna dissents
This matter was the oldest pending nine-judge Bench case before the Supreme court. The Bench had reserved its judgment in the matter on 14-03-2024
Inside Supreme Court verdict on legality of State Governments levying and collecting Authorization Fee/Border Tax
Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.
Shardul Amarchand Mangaldas and National Law School of India University invite applications for the FinTech Moot Court Competition
Shardul Amarchand Mangaldas & Co and National Law School of India University, Bengaluru, are inviting applications from law colleges across India to
Inside Madras High Court’s verdict on post-sale discounts received by way of financial credit notes
“The conclusion that the taxable person is providing a service to the supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier, is ex facie erroneous and contrary to the fundamental tenets of GST law. Therefore, this conclusion warrants interference, and this issue requires re consideration.”
Justice (Retd.) Sanjaya Kumar Mishra takes oath as first President of GSTAT in New Delhi
Justice (Retd.) Sanjaya Kumar Mishra’s appointment marks the beginning of the operationalisation of the GSTAT, a crucial body for resolving GST-related disputes.
Clean Slate Doctrine — Wiggle Room for “Uncrystallised Claims”?
by Yogendra Aldak†, Pranav Mundra†† and Balraaj Singh Chhatwal†††
Haunt of Rule 96(10) in Minds of Exporter Registered under GST Law Still Continues!
by Nirav S. Karia† and Vatsal Bhansali††
