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Archive: 18 February 2021

Posts in 18 February 2021

No bail to CA for alleged involvement in creating fake GST Challans

February 18, 2021 4299 Views 0 comment Print

Harish Kumar Rampal Vs Directorate General of GST Intelligence (DGGI) (Patiala House Court) On behalf of accused, It was submitted that accused is in judicial custody since 03.02.2021. It is submitted that applicant is 62 years of age and a CA by profession and also having proprietorship firm under the name & style of M/s […]

Tax on option price received against a right to purchase shares

February 18, 2021 768 Views 0 comment Print

Dabur Invest Corp Vs JCIT (ITAT Delhi) Only issue before the Coordinate bench in that case was in which year the income accrues. It was not the issue before the coordinate bench that whether the money received by the assessee as an option price is a revenue receipt or a capital receipt. In the facts […]

Section 263 Jurisdiction cannot be invoked on mere abrupt finding

February 18, 2021 528 Views 0 comment Print

CIT Vs Y. V. Subramaniam (Madras High Court)  On a perusal of the order passed by the Tribunal, it is clear that the Tribunal has categorically held that the order passed by CIT is based on no reason and he has simply given an abrupt finding that the assessment order is erroneous. Further, the Tribunal, […]

Principle of unjust enrichment not applicable to pre-deposit made under protest during pendency of appeal

February 18, 2021 3855 Views 0 comment Print

Amount deposited during the pendency of the appeals before the Hon’ble Supreme Court has to be construed as having paid under protest and has to be refunded without insisting on such importer or manufacturer satisfying the requirement of unjust enrichment as in the case of pre deposit.

AO cannot confirm addition ignoring on record confirmation without issuing section 131 summon

February 18, 2021 1803 Views 0 comment Print

Suraj Stones Corporation Ltd. Vs ITO (ITAT Bangalore) Without issuing summons under section 131 of the Act to a party who filed confirmation, no adverse inference can be drawn by the AO. It is clear from the orders of the revenue authorities that they not made any reference to the documentary evidence filed by the […]

Hardship due to delayed GSTR1 filing by Govt undertakings

February 18, 2021 12003 Views 8 comments Print

In this article we are going to discuss about hardships faced by the Tax payers due to delay in filing of GSTR 1 Return by GST Registered Government undertaking, after the amended Rule 36(4) of CGST Rules and not reflected in GSTR 2B.

Expansion of Scope of Supply under GST vide Budget 2021

February 18, 2021 8037 Views 0 comment Print

The first ever digital budget was presented on 1st February 2021 by the Finance Minister of India, Smt. Nirmala Sitharaman. The budget 2021 came up with the expansion of the scope of supply covered under section 7 of the Central Goods and Services Tax Act, 2017. The present article briefly explains the same. Basics of […]

GST- Budget 2021: Interest leviable only on Net Tax Liability?

February 18, 2021 5001 Views 2 comments Print

This GST Charcha deciphers into recent changes in GST Laws made vide Clause No. 103 of the Finance Bill, 2021 to provide certainty as to leviability of interest only on Net Tax Liability.

Commission Expenses Disallowance – HC restored case to AO

February 18, 2021 5853 Views 0 comment Print

Kunwar Tuli Vs ITO (Delhi High Court) We find that the Assessing Officer has disallowed the part of the commission expenses paid on the ground that the assessee failed to produce the requisite evidences, including contract agreement between the parties and the assessee sought to justify the commission expenses only in view of the tax […]

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