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Concessional tax rate on gross receipt basis not allowable if Assessee claims exclusion of reimbursements

February 21, 2022 1305 Views 0 comment Print

GRI Renewable Industries S.L. Vs ACIT (IT) (ITAT Pune) It is seen that the assessee offered its income from ‘royalties’ and ‘fees for technical services’ on gross basis, albeit at the concessional rate of tax. The assessee claimed that a sum of Rs.35.67 lakh was received as reimbursement of expenses which was not liable to […]

HC directs restoration of GST registration on payment of tax, penalty & uploading of returns

February 21, 2022 12336 Views 0 comment Print

Tvl. Suguna Cutpiece Center Vs The Appellate Deputy Commissioner (ST) (GST) (Madras High Court) These Writ Petitions pertain to the challenge to the cancellation of GST Registrations issued to the petitioners under the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017. Some of the […]

GST: Bail denied to person accused of clandestine manufacturing & sale

February 21, 2022 2211 Views 0 comment Print

GST Vs Krishna Kant Pandey, Laxmi Kant Pandey & Shashi Kant Pandey (Patiala House Court) The present case is of clandestine manufacturing and sale which is covered by Section 132 (1) (a). Although, the punishment and the status of the case has cognizable and non bailable is the same, the evidence of both category of […]

Request to extend due date for submission of FORM GSTR-9, 9A & 9C

February 21, 2022 28119 Views 1 comment Print

Adverting to finalization of Forms 9, 9A & 9C under the Goods and Services Tax Acts which not only requires reconciliations in the accounts of the Tax Payer but it also requires reconciliations with the accounts of the suppliers and recipients. The time of 13 days available, that too, if we do not consider the intervening holidays is too short to do the needful, by 28th Feb., 2022.

CGST Commissionerate, Raigad of CGST Mumbai Zone busts a fake ITC racket

February 21, 2022 1839 Views 0 comment Print

CGST Commissionerate, Raigad of CGST Mumbai Zone has busted a fake ITC racket and arrested the proprietor of a Kalamboli based firm M/s. Ashok Metal Scrap. This firm was engaged in availing and passing on of fake GST Input Tax Credit (ITC) of Rs. 12 Crore, by using bogus invoices of more than Rs. 64 Crores.

Department cannot be allowed to proceed with SCN after more than 16 years: HC

February 21, 2022 3381 Views 0 comment Print

The Bombay Dyeing and Manufacturing Company Limited Vs Deputy Commissioner of CGST (Bombay High Court) The Petitioner has filed reply to the Show Cause Notice (SCN)within four weeks from the date of receipt of the said notice and did not get any further communication from the Respondent for hearing or any adjudication upon the said […]

No addition for unsecured loan received if Source & Nature explained

February 21, 2022 3597 Views 0 comment Print

ITO Vs Sandeep S. Dagaria (ITAT Mumbai) ITAT notices that Assessing Officer has merely proceeded to make addition of Rs.7,00,000/- unsecured loans merely because the Rajat Group of Companies involved in the transaction of bogus purchases and rejected the evidences submitted before him i.e. assessee has submitted the confirmation balance and the transactions were only […]

AO not justified in re-characterising the transaction of issue of debentures/CCDs as that of equity shares

February 20, 2022 2319 Views 0 comment Print

City Corporation Limited Vs DCIT (ITAT Pune) With regard to first issue pertaining to TP adjustment in respect of interest payment on debentures, the TPO has discussed this issue from Para 6 onwards and has given his findings at Para 16 of his order. During transfer pricing proceedings, the TPO while going through the assessee’s […]

ITAT deletes Addition towards ESI and PF paid before Income Tax Return due date

February 20, 2022 1890 Views 0 comment Print

Murlidhar Hassani Vs DCIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R has referred to the explanation […]

RVAT: Penalty justified for concealing transactions of sale & purchase to avoid payment of Tax

February 20, 2022 1584 Views 0 comment Print

Assistant Commissioner Vs C.P. Agro Industries (Rajasthan High Court) The Tax Board has neither recorded any cogent finding on merits of the case before setting aside the penalty nor it has considered the provisions of section 61 of the RVAT Act, 2003, more particularly, when the fact was proved before all the Authorities that Forms-C […]

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