The Apex Court evaluated the conduct of the plaintiff for obtaining relief in a suit for specific performance
11th August 2022 | By CS Pragati Saini & Adv Shitij Saini
The Hon’ble Supreme Court of India (“the Apex Court”) vide its judgment dated 12.07.2022 in the matter of U.N. Krishnamurthy (Since Deceased) THR. LRS. vs A.M. Krishnamurthy after referring to several judgments passed by various courts, held that for obtaining relief under section 16(c) of The Specific Relief Act, 1963 it is necessary for the plaintiff to prove his readiness and willingness, throughout the period of getting into an agreement till the date of the decree. Also, the Apex Court clarified that there should be adequate funds for the plaintiff to perform such performance. A mere statement or averment in the plaint will not suffice.
The Hon’ble Supreme Court issued directions on transitional credit in favour of taxpayers
30th July 2022 | By Adv. Shitij Saini
The Hon’ble Supreme Court of India vide its order dated 22.07.2022 in the matter of Union of India & Anr. Vs. Filco Trade Centre Pvt. Ltd. & Anr. had issued directions and disallowed Special Leave Petition (‘SLP’) filed by the revenue. The Apex Court issued certain directions for Goods and Services Tax Network (‘GSTN’) for availing the transitional credit through FORM GST TRAN-1 and TRAN-2 for the period of an additional two (2) months commencing from 01.09.2022 to 31.10.2022.
LEVY OF 12 % IGST ON IMPORT OF OXYGEN CONCENTRATORS UNCONSTITUTIONAL
May 24th 2021 | By Adv. Shitij Saini
The Hon’ble Delhi High Court in its recent judgement, wherein the imposition of Integrated Goods and Services Tax “IGST”) at 12 per cent on the import of the oxygen concentrator was challenged by an 85-year-old individual, held that such levy is “unconstitutional” if imported for personal use.
NO TDS LIABILITY ON THE AMOUNT PAID BY INDIAN COMPANIES FOR USING FOREIGN SOFTWARE
April 20th 2021 | By Adv. Shitij Saini
Hon’ble Supreme Court of India in the matter of Engineering Analysis Centre Private Limited vs. The Commissioner of Income Tax LL 2021 SC 124 has settled an important issue in income tax wherein it has been decided that the amount paid for software developed by the foreign companies and used by Indian Companies do not amount to “Royalty”, hence no tax to be deducted at source by the Indian companies.
Recent Amendments in Labour Laws
March 31st 2021 | By Adv. Sarthak Saini
We are sharing with you, the changes in three newly introduced Labour Laws. For ease of your understanding, we have made three categories to explain the changes. We hope that you will find the attached information useful.
BUDGET – 2021-22 – SUMMARY OF AMENDMENTS IN GOODS AND SERVICES TAX ACT, 2017
Feb 4th 2021 | By Adv. Shitij Saini
Summary of amendments in central goods and services tax act, 2017
14TH AMENDMENT CGST
Dec 25th 2020 | By Adv. Shitij Saini
A quick glance of fourteenth amendment (2020) – CGST Rules, 2017
FINANCE ACT, 2020 ANNULLED DELHI HIGH COURT JUDGEMENT
May 22nd 2020 | By Adv. Shitij Saini
The Central Board of Indirect Taxes (“CBIC”) vide Notification No 43/2020 – Central Tax dated 16.05.2020 notified the retrospective amendment to Section 140 of Central Goods and Services Tax Act, 2017 (“CGST Act”).
IMPORTANT DUE DATES UNDER GOODS AND SERVICES TAX ACT, 2017
May 18th 2020 | By C.A. Satinder Kumar Saini and Adv. Shitij Saini
As we all are aware that lockdown 4.0 will be implemented from 18.05.2020. It is amply clear that this lockdown will be different from the earlier lockdowns. We are expecting that all businesses will resume with certain restrictions. As all businesses will be resuming soon, therefore, it is important to note that we all have to comply with our GST Compliances.
ANALYSING DEFINITION OF SERVICES UNDER GOODS AND SERVICES TAX ACT, 2017
May 18th 2020 | By Adv. Shitij Saini
Before the introduction of the Goods and Services Tax Act, 2017 section 65 of the Finance Act 1994 defined “Services”. On perusal of section 65 of the Finance Act 1994, it can be construed that service tax will be attracted when a taxable service is provided by a defined service provider to a defined service receiver.