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GST: Sanction of refund on the lower value – reg.

November 16, 2020 4683 Views 0 comment Print

Value of the goods declared in the GST invoice and the value in the corresponding shipping bill / bill of export should be examined and the lower of the two values should be sanctioned as refund. ‘Moreover, it has been specifically clarified in the Circular dated 15th March, 2018 that the clarification given in the, circular applies to exports made on or after 1st July 2017.

Stamp duty, registration charges on Transfer of Capital Assets Allowable

November 15, 2020 10827 Views 0 comment Print

DCIT Vs B. E. Billimoria & Co. Ltd. (ITAT Mumbai) The material on record would show that the assessee being resident corporate assessee was assessed for the year under consideration u/s. 143(3) on 27/10/2017. During assessment proceedings, it transpired that the assessee sold an office premises vide agreement dated 31/03/2015 for a consideration of Rs. […]

Metal Purchases from grey market- ITAT upheld 12.5% Addition

November 14, 2020 882 Views 0 comment Print

ITO Vs Gautam B. Bafna (ITAT Mumbai) In the instant case, the corresponding sales made out of disputed purchases were not doubted by the Ld. AO before us. No contrary evidence to this effect was also produced by the Ld. DR before us. It is not in the dispute that the assesee had indeed made […]

Remedy u/s 14 of SARFAESI Act not rendered redundant if District Magistrate unable to handover possession

November 14, 2020 13692 Views 0 comment Print

C. Bright Vs District Collector & Ors. (Supreme Court) Whether the time limit of 30 days which is further extendable by a further period 30 days for a District Collector to secure the possession of a secured asset is mandatory or directory? The challenge in the present appeal is to an order passed by the […]

No addition if No incriminating material found during search in respect of Unabated assessment

November 13, 2020 1713 Views 0 comment Print

Where regular assessment for the year under consideration remained unabated as on date of search, same could not be interfered with while framing section 153A assessment, in the absence of incriminating material discovered during search.

No capital gain if possession is taken back & there was no development

November 13, 2020 924 Views 0 comment Print

Santosh Kumar Subbai Vs ITO (ITAT Hyderabad) In the instant case, the assessee has entered into development agreement for construction of duplex houses and assessee was to receive the constructed area of 5000 sq.ft by virtue of development agreement. However, after entering into agreement, the developer has vanished and no real development took place till […]

100% Addition for Bogus Purchase not sustainable if Sales were accepted by AO

November 13, 2020 4851 Views 0 comment Print

ITO Vs Vipul K Sheth (ITAT Mumbai) In the present case the AO has not doubted the sales. The assessee could not establish the genuineness of the transaction to the satisfaction of the AO during assessment proceedings. Hence, from the facts of the case it can be concluded that assessee had made purchases from grey […]

Section 147/148 proceedings on mere investigation wing information was not valid

November 12, 2020 11799 Views 0 comment Print

Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) In the present case the search information received from the investigation wing was used to form the reason to believe by the AO but without applying the mind. Thus the reasons were merely recorded on the borrowed satisfaction by the AO. The source for all the conclusions was […]

Guide on Dispensing with physical signatures on Insurance proposal forms

November 12, 2020 756 Views 0 comment Print

Vide IRDAI/Life/Cir/Misc/208/08/2020 dated 5th August, 2020, instructions have been issued on the above subject allowing authentication of proposals in respect of pure risk products with OTP for the sales made by Insurance Agents and Insurance Intermediaries, for the period up to 31st December, 2020. 

Input Tax Credit not eligible for GST paid on purchase of ‘Paver Blocks’

November 12, 2020 4413 Views 0 comment Print

In re Sundharams Private Limited (GST AAAR Maharashtra) The MAAAR while upholding the Maharashtra AAR Order held that the Applicant was not entitled to avail Input Tax Credit in respect of taxes to be paid on the purchase of ‘Paver Blocks’ in terms of Section 17(5)(d) of the CGST Act, 2017. FULL TEXT OF ORDER OF […]

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