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Customs Broker License cannot be revoked without giving opportunity for Cross-Examination

December 17, 2020 1329 Views 0 comment Print

Perfect Cargo and Logistics Vs Commissioner of Customs (CESTAT Delhi) The contention of the appellant is that the G-Card holder acted strictly in accordance with the guidelines issued in the Circular dated April 8, 2010. According to the appellant, the G-Card holder exercised due diligence by procuring all independent and authentic documents. 39. As noticed […]

TSGST: Adjudicating Authority cannot rectify an error after 3 months

December 17, 2020 1062 Views 0 comment Print

Kiran Enterprise Vs State of Tripura (Tripura High Court)  Before we formulate our decision in respect of the question whether Section 5 qua Section 29(2) of the Limitation Act would apply for purpose of condoning the delay in filing the petitioner‟s petition under Section 161 of the TSGST Act, let us revisit the provisions of […]

After surrender of vehicle registration no tax can be levied unless vehicle is found plying

December 17, 2020 4962 Views 0 comment Print

Shiv Dayal Singh Vs State of U.P. (Allahabad High Court) It is clear that once the operator/owner of the vehicle informs regarding surrender of registration certificate, a burden is cast upon the Taxation Officer to charge the tax and the additional tax only on being convinced that the vehicle is found plying as no tax […]

Functionally dissimilar comparable cannot be included

December 17, 2020 1485 Views 0 comment Print

Samsung India Electronics Pvt. Vs Addl. CIT (ITAT Delhi) OTS E-Solutions Pvt. Ltd.: From the perusal of the records it can be seen that OTS E-Solutions Pvt. Ltd. was held as not comparable in subsequent assessment year i.e. A.Y. 2014-15 by the Tribunal. The functional dissimilarity is apparent on record and there are no changes […]

Issue Form ‘C’ to sellers for Inter-state purchase of Natural Gas: HC

December 17, 2020 4059 Views 0 comment Print

Asahi India Glass Ltd. Vs State of Maharashtra  (Bombay High Court) Petitioner has been denied ‘C’ forms on the ground that natural gas purchased by it in the course of inter-state sale is used for manufacturing of float glass which is not covered by the definition of goods under section 2(d) of the CST Act. […]

HC allows filing of revised Delhi VAT return subject to SC verdict

December 17, 2020 1770 Views 0 comment Print

SRF Limited Vs Commissioner of VAT (Delhi High Court) Petitioner approached DVAT Department, Delhi vide letter dated 22-04­-2018 to seek permission to amend the revised return so as to enable it to download Forms F for the Quarter ending 31-03-2016. He points out that October, 2019 was written by the petitioner, the impugned order was […]

GST Fraud case: Court refuses to grant Bail to Company Directors

December 17, 2020 4008 Views 0 comment Print

DGGI VS. Shyam Sunder Modi and Atul Modi (Patiala House Court) As it is apparent that investigation is still underway as enquiries from various other stakeholders and recovery of documents is continuing and the fact that accused persons being father and son are main beneficiaries of the alleged fake ITCs and played a major role […]

ITAT Lucknow deletes addition for alleged Bogus Capital Gains from Penny Stocks

December 16, 2020 4440 Views 0 comment Print

Achal Gupta Vs ITO (ITAT Lucknow) Documents clearly demonstrates that assessee had purchased shares through Brokers for which the payment was made through banking channels. The assessee had sold shares through authorized stock broker and payment was received through baking channels after deduction of STT. On Page 16 which is a copy of Bank account […]

Appointment of 201 Officers in ACIT grade on regular basis

December 16, 2020 1920 Views 0 comment Print

Office Order No. 259 of 2020 The President is pleased to appoint the following officers in the grade of Assistant Commissioner of Income Tax (ACIT) against the vacancy year 2015-16 in Level – 10 of the Pay Matrix Rs. 56100-177500/- on regular basis with immediate effect or until further order on in-situ basis:-

10 Key Takeaways under Vivad se Vishwas Scheme

December 16, 2020 7764 Views 0 comment Print

In India litigation are pending since years wherein lot of dispute are only due to trend followers. Government has received 20-25% of demand in majority of case at the cost of high litigation and administrative hassles. According to author its a smart move to collect taxes and reduce litigation. Government has come forward vide different circulars to clarify tax position in VsV scheme, 10 key takeaways for professionals and taxpayers are

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