"13 February 2021" Archive

Credit cannot be denied for merely for non-filing of TRAN-1 form

Neptune Plastics Vs Union of India and others (Jammu & Kashmir HC)

Where the petitioner instead of submitting TRAN-1 form for claiming ITC submitted GSTR-3B. The court held that the petitioner cannot be deprived of the benefit  of claiming the credit lying in its account on the stipulated date only on the basis of procedural or technical wrangles that one form TRAN-1 was not  filled by the petitioner...

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HC directs GSTN to help in transfer of ITC

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court)

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court) HC disposes writ­ application with a direction to the respondents that once the writ­ applicant comes forward with a request for transfer of the Input Tax Credit in accordance with the provisions contained in Section ­18 of the Act, the request shall be immediately look...

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New Functionalities on GST Portal (January, 2021)

New Functionalities made available for Taxpayers on GST Portal (January, 2021) 1 – Registration 1. Deemed approval of Registration Application in Form GST REG-01 In terms of Notification No 94/2020-CT, dated 22nd December, 2020, all applications for fresh registration will get deemed approved in 7 working days, instead of 3 working ...

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Compilation of CBDT Notifications & Circulars of January 2021

Compilation of Notifications & Circulars issued by CBDT in month of January 2021 Direct Tax Updates 1. Amount of remuneration prescribed u/s 9A(3)(m) of the Income-tax Act, 1961: CBDT vide Circular No. 1 dated 15th January 2021, clarified that remuneration to be paid by an eligible investment fund u/s 9A (activities of which shall not...

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SC ask govt steps they will take to stop habitual delay in appeal filing

C.C.E. And S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court)

C.C.E. And S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court) 1. There is a delay of 536 days in filing the appeal against the order of the Customs Excise and Service Tax Appellate Tribunal. Repeatedly, it has come to the notice of this Court that appeals in revenue matters involving indirect taxation are being […]...

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Refund of excess Service Tax paid & Shown in TRANS-1 can be claimed after reversal

Pujan Builders Engineers & Contractors Vs C.C.E. & S.T.-Vadodara-II (CESTAT Ahmedabad)

Pujan Builders Engineers & Contractors Vs C.C.E. & S.T. Vadodara-II (CESTAT Ahmedabad) The facts in the present case is not under dispute that the appellant have paid the excess service tax during the quarter April to June, 2017, however, the appellant under bona fide belief transferred the said excess paid service tax into their ...

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Fake ITC: Meerut Court refuses to grant Bail

Vinod Kumar Vs State of U.P. ( Meerut District Court)

Vinod Kumar Vs State of U.P. ( Meerut District Court) The present bail application has been moved by accused Vinoad Kumar son of late Shri Ram Karan Garg resident of 49, Banarsi Dass Estate Timarpur, Delhi in case no. 73 of 2020 DGGI, Ghaziabad under Section 132(1)(b) 132 (1) (c) read with Section 132 (1) […]...

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Carry forward & set off of unutilized Cess against GST Output Liability not allowable

Jay Ushin Limited Vs Union of India ( Rajasthan High Court)

Jay Ushin Limited Vs Union of India ( Rajasthan High Court) Assessee was not entitled to carry forward and set off of unutilised Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess against the GST Output Liability with reference to Section 140 of the CGST Act, 2017. FULL TEXT OF THE HIGH COURT […]...

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No bail by Meerut Court in GST evasion case

Chahya Devi Vs State of U.P. (Meerut District Court)

Chahya Devi Vs State of U.P. (Meerut District Court) The present bail application has been moved by accused Mrs. Chahya Devi wife of Vijay Kumar Arya, proprietor M/S. Prabhat Zarda Factory (Oversease) R/0 J­16 Sector ­11] Noida 2012301 in case no. 167 of 2020 under Section 132(1)(a) 132 (1) (b) read with Section 132 (1) […]...

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Section 68 addition unjustified when Assessee submit confirmation & bank statement of Creditor

Aarya Organic Foods & Ayurvedic Industries Pvt. Ltd. Vs ITO (ITAT Delhi)

Aarya Organic Foods & Ayurvedic Industries Pvt. Ltd. Vs ITO (ITAT Delhi)  As far as addition of Rs.5 lakh of amount received from Sh. Jasbir Singh is concerned, we find that CIT(A) has given a finding that his confirmation, bank statement evidencing bank transfer is on record but since he had not given source of […]...

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