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HC Allows filing of GST TRAN­1 which was not filed due to technical glitches

March 11, 2020 402 Views 0 comment Print

Kambay Aromatics Vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1. In view of the settled legal position as stated […]

Misplacement of papers by one of office staff- ITAT condones 368 day delay

March 11, 2020 681 Views 0 comment Print

Shakti Hormann Pvt. Ltd. Vs DCIT (ITAT Hyderabad) We find that the assessee is not benefitting in any way by not filing the appeal in time before the Tribunal. The assessee has explained the reasons as misplacement of papers by one of the office staff. This is one of the possible reasons for not being […]

Form GST TRAN­1 Filing: Applicant should not suffer for technical glitches

March 4, 2020 579 Views 0 comment Print

The GSTN upon receipt of the proposal from the Nodal Officer shall look into the same and take an appropriate decision in accordance with law, more particularly, keeping in mind the writ­ applicant should not suffer on account of any technical glitches.

Addition for unexplained investment in residential property justified if no satisfactory explanation by Assessee

March 4, 2020 1992 Views 0 comment Print

Rameshwar Lal Vs DCIT (ITAT Delhi) The Assessee vide order sheet entry dated 18.11.2016 was required to show cause why cash payment amounting to Rs. 5,00,000/- paid in cash to Cosmos Group may not be added to the income as unexplained investment. The assessee vide his submission dated 24.11.2016, stated that he had paid Rs. […]

GST: HC allows release of goods on Payment of 25% of disputed tax & penalty

February 25, 2020 648 Views 0 comment Print

Chandimata Iron Vs State of Tripura (Tripura High Court) Since the order under challenge in this petition is appealable, we permit the petitioner to pursue such appeal for which, we are informed limitation period has yet not expired. However, considering the facts of the case, the goods of the petitioner which are in the nature […]

DGAP investigation not illegal if Benefit of Tax Reduction Not Passed within Prescribed Period of 2 Months

February 17, 2020 471 Views 0 comment Print

Rahul Sharma Vs J. K. Helene Curtis Ltd. (NAA) Facts of the Case: The brief facts of the case are that the Standing Committee on Anti-profiteering vide its communication dated 11.03.2019 had requested the DGAP to conduct a detailed investigation as per Rule 129 (1) of the above Rules on the allegation that M/s Raymond […]

Whether any prior intimation is required just like availing actual LTC Scheme?

February 16, 2020 834 Views 0 comment Print

In this regard it is clarified that the Special Cash Package is in lieu of pending LTC for the Block between 2018-21 and bills for availing this scheme are to be submitted before 31.03.2021. No prior intimation as is being given in the case of LTC Scheme is required and for the year 2018-19 (extended till 31.12.2020), the claims can be made before 31.03.2021.

Procedural lapse in E-Way Bil | No Intention to Evade Tax | Penalty Deleted

February 14, 2020 3120 Views 0 comment Print

In Re Om Dutt S/O Shri Bal Krishan (GST Appellate Authority Himachal Pradesh) It appears that there is no dispute regarding quantity of goods and further all concerns documents were placed before the proper officer. It is a fact that The E Way bill for the goods in question was generated at 09:43 pm on […]

Service Tax Exemption cannot be denied on canteen maintained by outdoor caterer

February 7, 2020 4416 Views 0 comment Print

Service Tax – Irrespective of the person who maintains canteen in a factory, exemption as per Entry 19A of 25/2012-ST is available to such person – Benefit cannot be whittled down by restricting it to factory owner alone: CESTAT

Section 45(4) not applicable if no Assets transferred by Partnership firm to Retiring Partner

February 4, 2020 1962 Views 0 comment Print

ACIT Vs Thirumala Rice Industries (ITAT Bangalore) Sub-section (4) of Section 45 deals with a distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals or otherwise. If in the course of such distribution of capital asset there is a transfer of a capital asset by […]

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