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Archive: 06 November 2020

Posts in 06 November 2020

Complete Procedure for claiming Refund under Inverted Duty Structure!!

November 6, 2020 50178 Views 3 comments Print

Accumulation of Input Tax Credit happens when the tax paid on inputs is more than the output tax liability. Such accumulation will have to be carried over to the next financial year till such time as it can be utilised by the registered person for payment of output tax liability. However, the GST Law permits […]

Retention bonus amount paid before due date of filing return of income allowable

November 6, 2020 12099 Views 0 comment Print

As per the proviso to section 43B, the amount paid before the due date for filing return of income out of the provision created is allowable as deduction. Admittedly, assessee had paid a sum out of the provision so created, before the due date for filing return of income.

GST: Section 130 proceeding not sustainable legally in absence of Intention to evade Tax

November 6, 2020 1863 Views 0 comment Print

Veer Pratab Singh Vs State of Kerala (Kerala High Court) The petitioners are dealers, inter alia, in brass and copper scraps, having their business concern in Coimbatore, Tamil Nadu and Jamnagar, Gujarat, respectively. A consignment of scrap that was being transported from Coimbatore to Gujarat from the 1st petitioner, as consigner, to the 2nd petitioner, […]

Wife can Know Husband’s Income by filing RTI application: CIC

November 6, 2020 23934 Views 2 comments Print

In a litigation, where the issue involved is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband hence accessible by the wife. But in the present case, as stated earlier, the application has not been filed by the wife.

Issue of scrutiny notice by non jurisdictional officer makes entire assessment invalid

November 6, 2020 4182 Views 0 comment Print

ITO Vs M/s Arti Securities & Services Ltd. (ITAT Lucknow) Issue of scrutiny notice by non jurisdictional officer makes entire assessment invalid as per CBDT instruction no 1 of 2011 holds ITAT Learned counsel for the assessee, at the outset, submitted that the second ground taken by the assessee is a jurisdictional issue therefore, he […]

Release Detained Vehicle & Goods After Obtaining Bond: Gujarat HC

November 6, 2020 1527 Views 0 comment Print

The instant petition is filed to seek to release of the detained goods and vehicles under Section 129(1) of the CGST Act. The court directed the respondent authority to release the vehicle and the goods after obtaining a bond of Rs.11,73,480 from the writ applicant.

SCN for Confiscation of Goods or Conveyance on Mere Suspicion Not Justified

November 6, 2020 1608 Views 0 comment Print

The issue under consideration is whether show cause notice for confiscation of goods or conveyance is justified to issue on mere suspension under GST Act?

GST Officials Cannot Use Physical Violence: HC

November 6, 2020 12807 Views 0 comment Print

Agarwal Foundries Private Limited Rama Towers Vs Union of India (Telangana High Court) No provision of any law is cited before us by the respondents to say that they are entitled to use physical violence against persons they suspect of being guilty of tax evasion while discharging their duties under the CGST Act, 2017. Merely […]

COVID 19 Ex Gratia to borrowers for difference in interest : FAQs

November 6, 2020 14274 Views 3 comments Print

The bank/ lending institution will provide ex gratia payment to the borrower account of the difference between compound interest and simple interest on loan accounts with sanctioned limits and outstanding upto Rs. 2 crores (aggregate of all the borrowings / facilities from all the banks and financial Institutions) for the period from 1st March 2020 to 31st August 2020 (6 months / 184 days).

Income Tax Department conducts searches in Kerala

November 6, 2020 663 Views 0 comment Print

The Income Tax Department has carried out search and seizure operations on 05.11.2020 in the case of a well-known self-styled evangelist of Thiruvalla in Kerala and his group of various trusts that enjoy exemption under the Income-tax Act, 1961 as charitable/religious trusts.

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