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Archive: 22 October 2017

Posts in 22 October 2017

Interest on loan to bring into Existence a Showroom is Revenue Expenditure

October 22, 2017 1221 Views 0 comment Print

Whether on the facts and in the circumstances of the case the interest paid on money borrowed to bring into existence a show room (according to the revenue an income earning apparatus) is a revenue expenditure?

State has no Power to make Rules to regulate Inter-State movement of Goods under GST

October 22, 2017 1677 Views 0 comment Print

Neither the State Legislature nor the State Government would have the power to make laws/ rules to govern interstate movements of goods in the course of trade, and for the purposes of levy of tax,

Bombay HC on inclusion of insurance and carrying charges in ‘Sale Price’

October 22, 2017 2691 Views 0 comment Print

A division bench of the Bombay High Court, on Monday, held that insurance charges and carrying charges do not form part of the sale price under section 2(29) of the Bombay Sales Tax Act, 1959. A bench comprising Justices R.K Deshpande and Manish Pitale was hearing a departmental appeal against the order of the Maharashtra Sales Tax Tribunal wherein the Tribunal held that insurance charges and carrying charges do not form part of the sale price under section 2(29) of the Bombay Sales Tax Act, 1959.

DDT cannot be charged to tax in a different year merely for Mistake of Assessee

October 22, 2017 5712 Views 0 comment Print

M/s Drawmet Wires Pvt. Ltd. Vs. ACIT (ITAT Jaipur) It is settled proposition of law that DDT is chargeable only in the year when it is declared, distributed or paid and not prior to that. In the case on hand the assessee has produced all relevant record to show that the dividend was proposed by […]

Automatically collecting of GST Late fees is against GST Law

October 22, 2017 48099 Views 41 comments Print

Automatically collecting of GST Late fees is against the GST Law, because as per Section 46 of GST Act provide that, if a person failed to file return, the notice shall be issued to registered person for its failure to file the return asking him to furnish such return within 15 days In such form and manner as may be prescribed, and rule 68 Chapter VIII of CGST Rules 2017 provide that notice shall be issued in Form GSTR-3A.

100% addition on bogus purchases cannot be done without doubting sales

October 22, 2017 3060 Views 0 comment Print

Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. In such situation, in our considered opinion, on the facts and circumstances of the case, 12.5% disallowance out of the bogus purchases meets the end of justice. Accordingly, I hold that the disallowance should be restricted to 12.5% of the bogus purchases.

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