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Goods pilfered after order of clearance by Custom Officer not the responsibility of Custodian

October 8, 2021 2865 Views 0 comment Print

Appellant filed two different claims of refund for the identical issues of custom duty paid on pilfered goods imported at ICD Tughlakabad, New Delhi Port. The refund claims were initially rejected on the ground that goods were pilfered after the order of clearance by the Customs Officer and the said order was challenged.

Assessment Order quashed on ground of Non-Disposal of Objections filed by Assessee

October 8, 2021 1800 Views 0 comment Print

The AO reopened the assessment of the Assessee after it was observed that the Assessee had not reflected or explained his investment in a hotel project during a survey operation. Thereafter, the Assessee filed an application before the CIT(A) challenging the validity of reopening of assessment, which was subsequently rejected and disposed of by the CIT(A) on the ground that the AO had correctly followed the procedure as contemplated in the IT Act and there was no infirmity in the action of the AO regarding reopening, all of which has been in accordance with law.

Order of Preventive detention not sustainable on grounds of stale & illusory

October 8, 2021 603 Views 0 comment Print

The ground for preventive detention is alleged to be that the Petitioner was controlling a syndicate which was involved in effecting fraudulent exports and imports in order to evade Customs duty and earn undue export benefits including Integrated Goods and Services Tax (IGST) refunds through 33 non-existent and/or dummy firms.

Genuine issue of Shares to Shareholders not to be considered under Anti-Abuse Provisions of the IT Act

October 8, 2021 1053 Views 0 comment Print

Genuine issue of Shares to Shareholders not to be considered under Anti-Abuse Provisions of Income Tax Act, 1961 In Income Tax Officer v. Shri Rajeev Ratanlal Tulshyan [I.T.A. No.5748/Mum/2017 A.Y. 2014-15 dated October 01, 2021] [along with cross objection filed by Shri Rajeev Ratanlal Tulshyan (the Respondent)], the Income Tax Officer (the Appellant) filed an […]

Orissa HC revokes GST Registration Cancellation on failure of Dept. to prove wrongful availment of ITC on fake invoices

October 8, 2021 3555 Views 0 comment Print

HC observed that the Respondent has failed to show that the Petitioner as a purchasing dealer deliberately availed the ITC in respect of the transactions with an entity knowing that such an entity was not in existence and on the basis of this observation, the Court revoked the GST Registration Cancellation.

Rejection of bid in absence of GST registration cannot be termed as arbitrary as tender was for taxable supplies

October 8, 2021 1506 Views 0 comment Print

ndhra HC pronounced that, in the facts and circumstances of the given case, a successful tenderer would be required to supply medicines and other goods, which are not exempted under the GST Act, in the process of maintaining SNCUs, and for that reason, all bidders were required to submit GST registration certificates.

Transfer Petition challenging Constitutional Validity of Section 16(2)(c) dismissed by SC

October 8, 2021 4287 Views 0 comment Print

UOI contended that since the particular provision has already been challenged and the proceedings are pending across the Country, along with ramifications of huge amounts payable under the CGST Act are involved, it should be appropriate for the Hon’ble Supreme Court to hear the matter.

SC allows CBI to continue investigation against ITO & her Husband now Mister in AP Govt

October 8, 2021 1458 Views 0 comment Print

Appellant contended that CBI Manual does not make it mandatory to conduct a Preliminary Enquiry (PE) before the registration of the FIR. It was stated that a PE cannot be made mandatory for all cases of corruption and is only conducted when the information received is not sufficient to register a regular case.

GST & TDS not applicable on solid waste management services to municipality

October 8, 2021 27318 Views 1 comment Print

In re Vinayak Singh (GST AAR West Bengal) GST not payable on supply of services of lifting/ removing of garbage accumulated from vats, dumping yards, containers to Howrah Municipal Corporation The AAR, West Bengal in response to Application presented by Mr. Vinayak Singh (Applicant) [Order No. 14/WBAAR/2021-22 dated October 8, 2021]has issued an advance ruling […]

GST on amount received by Arbitration for works executed in pre-GST period

October 8, 2021 27777 Views 0 comment Print

 In re Continental Engineering Corporation (GST AAR Telangana) GST payable on amount received through Arbitration for work executed in pre-GST period Telangana Authority for Advance Ruling  has held that Goods and Services Tax (GST) would be payable on the amount received through Arbitration for work executed in the pre-GST period. M/s. Continental Engineering Corporation (Applicant) […]

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