We all know arbitration is one of the alternate dispute resolution mechanisms widely used. Whenever there is a dispute between the parties to the contract and the contract provides for arbitration, the dispute is to be resolved by opting to arbitration. Both the parties to the contract appoint an arbitrator
Summary of GST Decisions
High Court of Karnataka in the case of M/s. Wipro Limited[1] – Benefit of Circular 183[2] should be extended in case of bonafide error (quoting of wrong GSTIN):
Summary of GST Decisions
Delhi High Court in Vallabh Textiles[1] – Payments made during Investigation having no colour of voluntariness, should be refunded to the assessee, since they are collected without following procedure of law: A search was carried out by the tax authorities on the petitioner from 16th February to 17th February
SC in Sansera Engineering Limited – Rebate vs Refund – Implications under GST Laws
The Supreme Court in the M/s Sansera Engineering Limited[1] has concluded the long outstanding issue of distinction between the refund and rebate under the erstwhile indirect taxation laws. The assessee tried to distinguish rebate from refund, since there was no specific time limit mentioned for rebate. Before dealing with the
Summary of GST Decisions
Calcutta High Court in Green Fizz Beverages Private Limited[1] – Condoned Delay of a period of 3.5 years in Filing of Writ Petition against the order of State Commissioner (Appeals): The Calcutta High Court was dealing with an inter-court appeal. The Single Judge has rejected the writ petition filed by
GST Implications on Incomes earned by YouTuber Creators
YouTube is undoubtedly the TV for the millennials. I was recently at a family gathering and was talking to the NexGen kids about what they want to become when they grow up. To my surprise, one of them said, he want to become a YouTube creator. I said, that is
Summary of GST Decisions
Delhi High Court in Seema Gupta vs. Union of India & Ors[1] – Renting of Residential Dwelling under reverse charge is challenged especially when the renting is not taken in business account: An interesting issue has come up before the Honorable Delhi High Court in the above matter. Seema Gupta,
GST On TDRs for Commercial Projects – Also under Reverse Charge?
We are aware that the taxability of Transferable Development Rights (for brevity ‘TDR’) has undergone a significant change with effective from 01st April 2019. The liability was shifted on the developer subject to certain conditions. The reasoning of such a shift to developer only if has unsold flats as on
Retiring Partner and Partnership Firm – Certain GST Issues
We all are aware that the settlement of retiring partner from a partnership firm is not an easy task. The journey, the ups and downs, the emotions involved, the timing of retirement and various other factors are evidently enough to create a tense environment between the retiring partner and continuing
No Service Tax Only on Reason Updates are Provided – Supreme Court in Quick Heal Technologies Limited
The Supreme Court in the recent matter of Quick Heal Technologies Limited[1] has rejected the tax authorities claim of service tax on the amounts that are collected towards sale of anti-virus software. The Supreme Court followed its previous decision of Tata Consultancy Services[2] in reaching the above conclusion. In this
