"29 January 2020" Archive

Look into request made by writ applicant to upload ITC­-01: HC

Pradip Chimanlal Mevada Vs Union of India (Gujarat High Court)

Pradip Chimanlal Mevada Vs Union of India (Gujarat High Court) We dispose of this writ application with a direction to the Joint Commissioner of State Tax, Mahesana Division, Mahesana to immediately look into the request made by the writ applicant to upload ITC­-01 vide representation dated 13th January 2020 at Annexure : ‘N’...

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Unit Linked Insurance Plan– A Combination of Insurance & Investment

A Unit Linked Insurance Plan, shortly and more popularly known as ULIP, is a combination offering both insurance and investment. Before going into the nitty-gritty of working of ULIP, it is first of all important to understand the benefits of the ULIP plan. The benefits of the ULIP plan differs according to the ULIP plan […]...

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Rights & obligations of secured creditor in case of liquidation

As per section 52 of Insolvency and Bankruptcy code 2016, the secured creditor shall have two options in case of liquidation a) The secured creditor may relinquish his security interest to the liquidation estate and receive proceeds from the sale of assets by the liquidator as per section 53 (or) b) The secured creditor may […]...

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Section 271AAB Penalty on undisclosed income where search has been initiated  

Section 271AAB of the Income Tax Act, 1961 deals with the penalty provisions. As per the said section, the penalty is payable on undisclosed income found during the search proceedings initiated under section 132 of the Income Tax Act. Section 271AAB contains two sub-section (1) and (1A). The applicability of both the sub-sections are expl...

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Notional Interest which is part of Purchase price is business income

AGR Matthey of Western Australia Vs ADIT (ITAT Delhi)

AGR Matthey of Western Australia Vs. ADIT (ITAT Delhi) From the records it can be seen that there is no interest credit, since within a day or two of usance of letter of credit by PEC Ltd’s bank to the Assessee, letter of credit stands discounted by the Assessee with ANZ Bank of Australia. The […]...

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Request for extending filing date for GST Annual Return and Audit

Representation Requesting for Extension of filing date for GST Annual Return and GST Audit (Forms GSTR-9, 9A, 9B and 9C) for a reasonable period not less than 30th June 2020....

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Effective date of STP approval cannot be amended to an earlier point of time, once imports made

Khivraj Tech Park Pvt Ltd. Vs Union of India (Madras High Court)

Khivraj Tech Park Pvt Ltd. Vs Union of India (Madras High Court) The petitioner was granted permission for setting up a ‘Software Technology Park’ and a communication dated 29-11-2005 was sent by the Ministry. Since their imports had already arrived during October-November 2005, an amendment of the effective date of approval to 4-4-20...

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Seizure, absence of SCN | Right to unconditional release when not available

Wide Impex Vs Principal Commissioner of Customs (Import) (Delhi High Court)

Delhi High Court has observed that second proviso to Customs Section 110(2), stating that in case of provisional release, period of 6 months for SCN would not apply, is to make sure that at least seized goods are provisionally released quickly. The Court held that 2nd proviso, inserted by Finance Act, 2018, did not take away what was alre...

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Unaccounted goods at disclosed place of business are ‘secreted’

Rajeev Traders Vs State Of U. P. And 3 Others (Allahabad High Court)

Rajeev Traders Vs State Of U. P. (Allahabad High Court) Allahabad High Court held that once it was admitted that assessee had not recorded goods found stored at his disclosed place of business, in his books of account, a presumption of goods having been ‘secreted’ as per CGST Section 67 did arise. Upholding seizure of […]...

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HC order release of Good detained for not showing correct Vehicle number on E-way Bill

AMM Aquapure Systems Vs Asstt. STO (Kerala High Court)

AMM Aquapure Systems Vs Asstt. STO (Kerala High Court) The petitioner has approached this Court aggrieved by Ext.P6 order, whereby, the goods belonging to the petitioner were detained along with the vehicles on the ground that the E-way Bill did not indicate the correct number of the vehicle that was carrying the goods. It is […]...

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