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NAA directs DGAP to reinvestigate profiteering allegation against Supertech Limited

December 11, 2020 831 Views 0 comment Print

Mukesh Kumar Vs Supertech Limited (NAA) It is observed that provision of the RERA Act, 2016 makes it mandatory for a real estate developer/promoter to maintain separate bank accounts for each of his projects registered separately under the RERA Act, 2016. In the case of the Respondent, the above provision implies that he was required […]

PCIT cannot form another view on same issue in which AO already satisfied himself & passed order

December 11, 2020 1347 Views 0 comment Print

PCIT cannot form another view on the same issue in which the Assessing Officer has already satisfied himself and passed an order which clearly indicates that the Assessing Officer has verified and investigated the matter in detail.

Bail to person accused of wrongfully availing ITC Granted by HC

December 10, 2020 1278 Views 0 comment Print

Present application is allowed. The applicant is ordered to be released on regular bail in connection with the order dated 29.10.2020 passed by the respondent No.2, Superintendent (Prev.), Central GST & C. Excise, Vadodara-II in File No. GEXCOM/AE/INV/GST/559/2020 on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

NAA drops penalty proceedings against Fusion Buildtech Pvt. Ltd.

December 10, 2020 1002 Views 0 comment Print

Pradeep Kumar Vs Fusion Buildtech Pvt. Ltd. (NAA) Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the above Applicant No. 1 as well a other homebuyers who had purchased them in his Project “Fusion Homes” for the period from 01.07.2017 to 30.09.2018 and hence, the Respondent has violated the […]

Subway franchise ‘Hungry Eyes’ guilty of Profiteering: NAA

December 10, 2020 804 Views 0 comment Print

Director-General of Anti-Profiteering Vs Hungry Eyes (NAA) An application alleging profiteering in respect of restaurant service supplied by the Respondent (Franchisee of M/s Subway Systems India Pvt. Ltd.) after a prima-facie examination by the Maharashtra State Screening Committee on Anti-profiteering under Rule 128 (2) of the CGST Rules 2017. Vide the application, it has been […]

Suncity Projects not passed ITC credit to homebuyers: NAA

December 10, 2020 1200 Views 0 comment Print

Jotbir Singh Bhalla Vs Suncity Projects Pvt. Ltd. (NAA) The brief facts of the case are that the DGAP had received a reference from the Standing Committee on Anti-Profiteering on 28.06.2019 to conduct a detailed investigation in respect of a complaint filed by Applicant No. 1 before the Standing Committee on Anti-profiteering, stating therein that he […]

Declaring a person ‘fraud’ & ‘willful defaulter’ without giving a chance to explain or Challenge is Invalid

December 10, 2020 16845 Views 0 comment Print

Rajesh Agrarwal Vs Reserve Bank of India (Telangana High Court) Aggrieved by the non-inclusion of principles of natural justice in the Master Directions on Fraud (‘the Master Circular’, for short), dated 01.07.2016, issued under Section 35A of the Banking Regulation Act, 1949 by the Reserve Bank of India, aggrieved by the decision of the Joint […]

HC quashes Non-Speaking GST Registration cancellation order

December 10, 2020 2388 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs. State Of Gujarat (Gujarat High Court) Be that as it may, we are inclined to quash the impugned order dated 25th February 2020 passed by the Commercial Tax Officer on the short ground that the same is a non-speaking order passed without any application of mind. It is very sad to […]

Expenditure on R&D for manufacture of aircrafts to be sold allowable U/s. 37

December 9, 2020 849 Views 0 comment Print

The fact that a certain payment constitutes income or capital receipt in the hands of the recipient is not material in determining whether the payment is revenue or capital disbursement qua the payer. It has further been held that whether a transaction is capital expenditure would have to be determined having regard to the nature of the transaction and other relevant factors.

Section 115JB is applicable to insurance companies with effect from 01.04.2003

December 8, 2020 1653 Views 0 comment Print

CIT Vs United India Insurance Company (Madras High Court) Since the provision has been made applicable to the Insurance companies as well with effect from 01.04.2003, the Tribunal has to decide the issue on merits for the assessment year 2013-2014 and decide as to whether the assessing officer was right in computing dis-allowance reserved for […]

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