Professional Updates (12/05/2022)

1. Notice demanding advertisement tax is valid as such tax levied by municipality is on license granted to put up hoarding whereas GST is levied on supply of service of making use of hoarding to display advertisements and therefore, incidence of tax in the two transactions are different without any double taxation -Karnataka HC [Hubballi Dharwad Advertisers Association v. State of Karnataka]

2. Reimbursement of GST paid on contracts that were entered into in pre-GST regime but executed after GST cannot be denied on the ground that output tax was paid by debiting electronic credit ledger -Gujarat HC [Bhagwati Construction v. Union of India]
 
3. SCN must be specific as to exact offence for which company is to be prosecuted; Merely reproducing the section in SCN will not do- Madras HC [Khivraj Motors (P.) Ltd. v. Deputy ROC]

4. Where merger was of a wholly owned subsidiary company into its holding company, no shares would be allotted as consideration pursuant to merger; proposed scheme would not result in any dilution in shareholding of shareholders of transferee company and net worth of transferee company being positive, meeting of shareholders was to be dispensed with - NCLAT- New Delhi [Ericsson India (P.) Ltd., In re - 2022]


Regards,
CA Amit Kumar Ranjan
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