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Section 11B Limitation period for refund of tax starts from date of reversal

February 11, 2021 1890 Views 0 comment Print

Pujan Builders Engineers & Contractors Vs C.C.E. & S.T. (CESTAT Ahmedabad) The facts in the present case is not under dispute that the appellant have paid the excess service tax during the quarter April to June, 2017, however, the appellant under bona fide belief transferred the said excess paid service tax into their TRANS-1 as […]

Penalty not sustainable if Assessment order not passes mandate of Section 271AAB

February 11, 2021 2025 Views 0 comment Print

Shiv Bhagwan Gupta Vs ACIT (ITAT Patna) A perusal of assessment order reveals that the assessing officer has not mentioned about unearthing of any undisclosed income as defined u/s 271AAB of the Act during search action carried out at the premises of the assessee. In my view, the income declared by the assessee in the […]

Order of transfer passed without mala fide reason after giving proper Opportunity was valid

February 11, 2021 813 Views 0 comment Print

Dev Wines Sales Corporation Vs PCIT (Delhi High Court) An order of transfer is more in the nature of an administrative exercise of power and the scope of interference wherein in any case is limited and unless the administrative power is shown to have been exercised without authority under the law and/or for mala fide […]

HC Grant stay to ‘Tata Starbucks’ subject to payment of principal profiteered amount

February 11, 2021 903 Views 0 comment Print

Tata Starbucks Private Limited Vs Union of India (Delhi High Court) Subject to the petitioner depositing the entire principal profiteered amount i.e. Rs. 1,04,70,664/- as levied excluding the GST amount already deposited, within four months, in equal monthly instalments, there shall be a stay, as far as the direction for payment is concerned. FULL TEXT […]

‘Micro Manipulator System’ classifiable under Chapter Heading 9018

February 11, 2021 585 Views 0 comment Print

In re Shivani Scientific Industries Pvt. Ltd. (GST AAAR Gujarat) (i) ‘Micro Manipulator System’ supplied by M/s. Shivani Scientific Industries Pvt. Ltd. is classifiable under Chapter Heading 9018 of the First Schedule to the Customs Tariff Act, 1975 as ‘Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scientigraphic apparatus, other electromedical […]

Bail granted in case of alleged availment of fraudulently ITC

February 11, 2021 1107 Views 0 comment Print

Lupita Saluja Vs DGGI (Delhi High Court) It is not in dispute that on the day the impugned order has been passed, the said Judge granted regular bail to the husband of the applicant after spending nearly 50 days in custody who is the person involved in day-to-day affairs of the company, however, dismissed the […]

ITAT upheld Addition for cash deposited in bank during demonetization period for failure to explain Source

February 11, 2021 3240 Views 0 comment Print

Leela Devi Vs ITO (ITAT Delhi) It is not in dispute that assessee made cash deposit of Rs. 15 lakhs in her bank account during demonetization period. The assessment year under appeal is 2017-18 and the assessee deliberately filed the return of income belatedly on 25.03.2018. The assessee explained before AO the source of the […]

SC ask govt steps they will take to stop habitual delay in appeal filing

February 10, 2021 435 Views 0 comment Print

C.C.E. And S.T. Vs Bilfinder Neo Structo Contruction Ltd. (Supreme Court) 1. There is a delay of 536 days in filing the appeal against the order of the Customs Excise and Service Tax Appellate Tribunal. Repeatedly, it has come to the notice of this Court that appeals in revenue matters involving indirect taxation are being […]

Allowability of Interest on capital borrowed for acquisition of asset

February 10, 2021 3426 Views 0 comment Print

Golf View Homes Limited Vs ACIT (ITAT Bangalore) From a perusal of the order of AO/CIT(A) it is clear that the disallowance has been made on the basis of the proviso to Sec.36(1)(iii) of the Act. There is no dispute that the interest free loans were given for the purpose of business of the Assessee. […]

Section 50C of the Act does not operate to change year of transfer

February 10, 2021 1557 Views 0 comment Print

Ayi Vaman Narasimha Acharya Vs DCIT (ITAT Bangalore) Under section 45(1) of the Act, the charge on capital gain is in the year of transfer. Section 45(1) of the Act clearly lays down that any gain arising on the transfer of the capital asset effected in the previous year shall be chargeable to income tax […]

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