"18 June 2019" Archive

No Confiscation unless GST Tax and Penalty is quantified

Shree Enterprises Vs CTO  (Karnataka High Court)

Shree Enterprises Vs CTO  (Karnataka High Court) Facts- Petitioners have challenged the order of confiscation as illegal, seeking all consequential reliefs. Petitioners are claiming to be the consignee and transporter of the goods in question. It is their contention that the Respondent has detained the goods and vehicle illegally for mor...

Read More

Govt compulsorily retires 15 Senior Officers of Custom & Excise

Government of India compulsorily retires 15 Senior Officers of the Indian Revenue Service (C &CE) with immediate effect  In exercise of the powers conferred by Clause (j) of Rule 56 of the Fundamental Rules, the President of India has retired 15 officers of Indian Revenue Service (IRS)(C&CE) in public interest with immediate effe...

Read More

What to do if you receive a Income Tax Notice?

After receiving the tax returns, the tax authorities examines the returns filed and if due to any reason they believe that information submitted by an assesee is wrong or incomplete then the assesee is served with a notice demanding justifications/ penalty or any action as stated by the department in the notice so served. There […]...

Read More

GSTR-9 Offline Utility – Updated FAQs and Manual

In these article we will read the detailed analysis of FAQ’s related to the offline utility of GSTR-9. The following FAQ’s are About GSTR-9 Offline Utility, How to Download GSTR-9 Offline Utility, How to Download the Generated JSON File of GSTR-9, Worksheet Tabs in GSTR-9 Offline Utility, Entering and Validating Details in Offline, Up...

Read More

FIR can be lodged under Code of Criminal Procedure for GST offences

Govind Enterprises Vs State of U.P. (Allahabad High Court)

The contention of the petitioner  that no FIR report can be lodged under the provisions of the Code of Criminal Procedure for offences punishable under the IPC, as  proceeding could only be drawn against him under the U.P. GST Act,  2017, is  rejected....

Read More

Solving The Dilemma of Dual Residence

This paper aims at analysing the tie-breaker test in determining residence in the OECD as prescribed under Article 4(3) and how it is evolved. It analyses the 2017 update to the OECD which prescribes the Mutual Agreement Procedure (MAP). The paper finally provides a method of properly implementing MAP and how it can be effectively done so...

Read More

CA Busy with ICAI Election | ITAT condones Delay

Shri Manoj Dewan Vs ACIT (ITAT Jaipur)

Shri Manoj Dewan Vs ACIT (ITAT Jaipur) We note that though sufficient opportunities were granted by the ld. CIT (A) to the assessees for presenting their cases, however, when the assessee has explained a reasonable cause for not appearing on 20.11.2018 and also filed an application in advance wherein it was stated that the ld. […]...

Read More

Modified Approval process for issue of paper Income Tax refunds and Manual Order Upload functionality

F. No. System/ITBA/Instruction/Assessment/177/16-17/ (18/09/2019)

Kind reference is invited to ITBA assessment instruction no 9 dated 07.05.2018 in which the process of uploading of manually passed order in ITBA system was described. Vide above instruction it was explained that for doing any work in system, the previous orders should have been passed in system....

Read More

No addition U/s 68 for Normal donation received by trust even if anonymous

Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT (ITAT Delhi)

Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT (ITAT Delhi) Admittedly the assessee has received a donation of INR 16265000/– from 1038 individuals and ld CIT (A) has noted that same is credited to the income and expenditure account of the assessee, However ld AO has noted that same is credited as Corpus […...

Read More

Lorry Booking Agent not liable to deduct TDS on freight charges

Sunil Kumar Vs ITO (ITAT Delhi)

Assessee had incurred only office expenditure and no expenditure relating to transportation of goods such as loading, unloading charge etc., has been debited, we are of the considered opinion that the assessee actually engaged himself not in the transportation business, but only facilitating or arranging transportation for various parties...

Read More