"January, 2020" Archive

Release Goods / Vehicles on Simple Bond, no need to furnish bank guarantee: HC

Umiya Enterprise Vs Assistant State Tax Officer (Kerala High Court)

Court is persuaded to accept the view that the goods and vehicle detained pursuant to Ext.P7 order could be released to the petitioner on the basis of simple bond and it need not be insisted that the petitioner will have to furnish a bank guarantee for the amounts demanded in Ext.P7 order....

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Mere difference in Address in Invoice & E-way Bill not justify detention of Goods

M.R. Traders Vs Assistant State Tax Officer (Kerala High Court)

M.R. Traders Vs Assistant State Tax Officer (Kerala High Court) Address shown in the invoice is different from the address shown in the E Way bill etc. is only a clerical mistake and is not a serious mistake which should justify the detention and penalty proceedings. FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT […]...

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Interest on Gross GST- HC dismissed petition as non-maintainable

Pushp Forgings Pvt. Ltd. Vs Union of India (Rajasthan High Court)

In this case challenge was made to notice issued by superintendent on account of delayed filing of return whereby interest on gross amount was computed under Section 50 of CGST Act, 2017. Hon'ble Rajasthan High Court dismissed the writ petition as petitioner has failed to convince why the writ is Maintainable....

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Unblocking of E-way bill possible only on payment of due tax

P.M. Saleem Vs State of Officer (Kerala High Court)

It is pointed out by the learned Government Pleader that since the petitioners have not paid due tax amounts for the relevant periods and they do not file mandatory returns till day, blocking of E- way bill is made on account of this mandatory provision contained in the above said Rule and unblocking of E-way bill is possible only if the ...

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Expense on feasibility study for improving day to day working is allowable as revenue expenditure

JCIT (OSD) Vs Adani Logistics Ltd. (ITAT Ahmedabad)

JCIT (OSD) Vs Adani Logistics Ltd. (ITAT Ahmedabad) During the course of assessment proceedings the AO observed that the appellant has incurred an amount of Rs. 6,00,00,000/- on account of legal and professional fees paid to one M/s. Emerging India Investment Advisors Pvt. Ltd. It was further found by the Ld. AO that such expenditure [&he...

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Sale of Amway & Other DSE’s Products permissible on e-commerce platforms

Amazon Seller Services Pvt. Ltd. Vs Amway India Enterprises Pvt. Ltd. & Ors. (Delhi High Court)

Sale of  Amway, Oriflame, etc. on e-commerce platforms like Amazon was permissible for ensuring free flow of trade as the Direct Selling Guidelines were merely advisory in nature....

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20 imperative GST judgments for the year 2020

As GST roll out completed 2.5 years, we have seen everything in this period-transitioning from existing regime to new era, understanding the provisions of GST, analyzing what impact does it had rather still having on business, making GST compliances from return filing to reconciliations and as soon as one tax period completed, audit requi...

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Economic Survey and Union Budget 2020 – Interesting Facts

ECONOMIC SURVEY: Economic Survey is an annual document of the finance ministry, which provides comprehensive details about the state of the Indian economy, and reviews the economic progress made and issues faced in the past year. The report highlights the performance of the government’s major developmental schemes, policies along with t...

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Retention & Withheld Amount and GST

Treatment of retention & whithheld amount under construction contracts. Real Estate/ Construction Industry is one of most developed industries in India. Real Estate industry is also most unorganised sector in India. It is developing day to day and provided crores of people employment. Real Estate industry has its say in GDP of India. ...

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112 JCITs to Exercise powers and functions of DCIT/DDIT

F.No.187/01/2020-ITA-1 31/01/2020

Order u/s 120(1) of the Income-tax Act, 1961 – Exercise of powers and functions of DDIT/DCIT by Joint Commissioners of Income-tax. F.No.187/01/2020-ITA-1 Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes ITA-I Division North Block, New Delhi, Dated the 31 January, 2020 Order u/s 120 (1) of the I...

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