Team ALA Archive

ANTI-PROFITEERING PROVISIONS UNDER GST AND OUR SUGGESTIONS

1. Wharton’s Law Lexicon and Black’s Law Dictionary has defined “Profiteering” as “Taking advantage of unusual or exceptional circumstances to make excessive profits” and anti-profiteering is a measure taken against profiteering. 2. Section 171 of the Central Goods and Services Tax Act, 2017, makes it mandatory to pass on the additional benefit received to the …

Case Analysis of “CCE Vs. Madhan Agro Industries (I) Pvt. Ltd”, CIVIL APPEAL NO. 1766 of 2009

Issue: Classification under Central Excise Tariff Act, 1985 Facts: Aggrieved by the orders passed by the Hon’ble CESTAT wherein it was held that the coconut oil manufactured and packed in “small containers” by the Assessees is classifiable under Heading 1513 (coconut oil) and not under Heading 3305 (hair oil) of the Central Excise Tariff Act, …

SIMPLIFIED GST RETURN

Return has been simplified by reducing the content of the return and implementation. The key elements of the new mechanism are as follows: (i) One monthly return for all taxpayers except composition dealers and dealers having ‘Nil’ transaction. Return design will be simplified and tax payers shall be also given user friendly IT interface and …

Case Analysis Of “ADITYA SURGICAL CO. Vs. STATE OF KARNATAKA” [2018 (10) GSTL 284 (Kar.)]

Issue:    Classification under KVAT Act, 2003 Facts:  Petitioner was aggrieved by the order by Commissioner of Commercial Tax under Section 59(4) of KVAT, 2003 in which it was held that blood collection monitors, blood storage refrigerators, platelet agaitators with incubators, plasma expressers, plasma and cyrobath will come under the Residuary Entry under Section 4(1)(b)(iii) and …