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S. 153A Addition based on mere Statement of One Dummy Director not sustainable

October 12, 2021 2271 Views 0 comment Print

Action of the Ld. CIT(A) in confirming the addition of Rs.75 lakhs on the basis of sole statement of one dummy director, recorded during the survey action in case of that company, without confronting the same to the assessee, cannot be held to be justified.

TDS not deductible by distributor for mere routing of commission paid to retailers by telecom company through his ledger

October 12, 2021 3318 Views 0 comment Print

Laxmi D. Gupta Vs ITO (ITAT Mumbai) ITAT: Telecom Distributor is exempt from TDS on Commission given directly to Retailers by Service Provider In the case, the Appellant is engaged in distribution of SIM cards and mobile recharge coupons of Uninor. During proceedings, upon perusal of financial statements, the AO disallowed the expenses claimed by […]

ICAI Should Give Reasons for its Decisions to De-Register A CA: SC

October 11, 2021 3360 Views 0 comment Print

D.K. Agrawal Vs Council of Institute of Chartered Accountants of India (Supreme Court of India) Hon’ble Supreme Court held that the Council of Institute of Chartered Accountants of India (Respondent) needs to necessarily record reasons in its report as to why a CA must be de-registered. It has been held that the Respondent needs to […]

Reason for blocking of Credit under Rule 86A must be communicated to taxpayer

October 11, 2021 2814 Views 0 comment Print

HEC India LLP Vs Commissioner of GST and Central Excise Audit-II (Madras High Court) GST Authority needs to communicate reasons for blocking ITC of the taxpayer Hon’ble Madras High Court has held that the GST Authority necessarily needs to communicate reasons to the taxpayer if the taxpayer’s Input Tax Credit (ITC) is blocked. In the […]

GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC

October 10, 2021 2571 Views 0 comment Print

Temporarily petitioner was not carrying his business from the premises in question from officially registered premises and they were carrying business in question from home.

HC quashes summary revised GST demand for not giving Fair opportunity of hearing

October 9, 2021 693 Views 0 comment Print

Manoj Kumar Vs State of Bihar (Patna High Court) Quashed summary revised GST demand cannot be made without giving the assessee a reasonable opportunity to be heard Patna High Court has held that a demand made under GST laws on the basis of orders passed where the assessee was not given a reasonable opportunity to […]

GST Registration Cancellation not valid if SCN not issued in Prescribed Template

October 9, 2021 6366 Views 0 comment Print

Suresh Trading Corporation Vs The Asst. Commissioner (Circle) of SGST (Madras High Court)  Petitioner has filed this petition challenging the order dated October 10, 2019 in which the GST certificate of the Petitioner was cancelled. However, it is to be noted that SCN which preceded the same was not been issued in the prescribed template […]

HC quashes Faceless Assessment Order Passed without Waiting for DRP direction

October 9, 2021 1311 Views 0 comment Print

Respondent was not in a position to defend and justify the action of the Respondent of passing the impugned assessment order in disregard to the aforesaid circular of the CBDT and also the action of the Respondent concerned in passing the impugned assessment order without getting any instruction from the DRP within the time stipulated under the statute.

Benefit of Suo moto extension order passed by SC for Covid period cannot be taken by Department

October 8, 2021 2043 Views 0 comment Print

Benefit of Suo moto extension order passed by the SC for the Covid period cannot be taken by the Department In Gobindo Das & Ors. v. Union of India & Ors. [W.P. A No. 11578 of 2021 dated October 01, 2021], Gobindo Das (Petitioner) has filed the current writ petition challenging the Provisional Attachment order […]

Patiala Court sought response on non-initiation of action against firms evading GST from CBIC

October 8, 2021 3729 Views 0 comment Print

The court is in pain to observe that instead of initiating an appropriate action against the delinquent firms in the matter, wherein as per the claim of Delhi Police, a tax evasion of Rs.940 crores is involved, the authorities are involved in the blame game. Unfortunately, none is present on behalf of SGST and even no reply has been filed on behalf of Chairperson, CBIC.

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