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Rejection of Excise duty refund claim made after Limitation Period was justified

March 16, 2021 2331 Views 0 comment Print

KEC International Ltd. Vs Commissioner of Central Excise & CGST (CESTAT New Delhi) amount as was prayed to be refunded is admittedly an amount other than the duty or interest which is the subject matter of refund under Section 11 B. Keeping in view the same, to my opinion Section 11B should not have been […]

Allegation of intention to evade Tax payment on Govt run Institute can be nothing but absurd

March 16, 2021 1782 Views 0 comment Print

It was held that when an Institute run by a State Government and associated in implementation of various welfare schemes of the Government, the allegations of suppression of facts or wilful misstatement can be nothing but absurd.

HC dismisses Bail condition of 50% payment for alleged GST default

March 15, 2021 3492 Views 0 comment Print

Neeraj Ramkumar Tiwari Vs State Of Gujarat (Gujarat High Court) On 03.09.2020, the petitioner filed Criminal Misc.Application No.12831 of 2020 for bail under Section 439. However, pending the bail application, statutory period of 60 days for registering the complaint under the provisions of the GST Act had expired and therefore, on 28.09.2020, the petitioner preferred […]

Interest free loan cannot be treated as financial debut without evidence that loan was disbursed for time value of money

March 15, 2021 3249 Views 0 comment Print

Orator Marketing Pvt. Ltd. Vs Samtex Desinz Pvt. Ltd. (NCLAT Delhi)  Synopsis states and it is argued that it being related party transaction, the money was to be utilized by the Respondent for day to day activities and to develop business, and that same was consideration of time value of money. We are unable to […]

Tax on donation received by private discretionary trust from group companies 

March 14, 2021 3513 Views 0 comment Print

CIT Vs Shriram Ownership Trust (Madras High Court) As per the Deed of Trust and the Supplemental Deed, the trust is created to benefit the members of owner group and the senior leader group of Shriram Group who are identified as beneficiaries as per the scheme laid out in the Trust Deed. The method of […]

GST Registration of Normal Taxpayer (FORM GST REG-01)

March 13, 2021 108543 Views 0 comment Print

Manual > Registration Application > Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service Distributor (ISD)/ SEZ Developer/ SEZ Unit I am a Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service Distributor (ISD) / SEZ Developer/ SEZ Unit. How can I register with GST? The Registration Application for Normal Taxpayer/ Composition/ Casual Taxable Person/ Input Service […]

Section 68 addition justified for Bogus Unexplained Creditors

March 10, 2021 6594 Views 0 comment Print

Malay Prasad Vs ACIT (ITAT Allahabad) As could be seen from provisions of Section 68 of the 1961 Act that if any sum is found credited in the books of accounts maintained for any previous year , and the assessee offers no explanation about the nature and source thereof or the explanation offered by the […]

No section 271D penalty if reasonable cause exist & AO fails to Record satisfaction

March 10, 2021 1779 Views 0 comment Print

Sarita Singh Vs Addl. CIT (ITAT Delhi) Section 273B of the I.T. Act provides that no penalty shall be imposable on the persons or the assessee as the case may be for any failure referred to in section 271D of the I.T. Act, if he proves that there was a reasonable cause for the said […]

RBI is ‘State’ under Article 12 of Indian Constitution: Calcutta HC

March 10, 2021 3846 Views 0 comment Print

Pearson Drums & Barrels Pvt. Ltd. Vs The General Manager, Consumer Education & Protection Cell of Reserve Bank of India and others (Calcutta High Court)  Upon considering the submissions of the parties, it is evident that the petitioner has not only claimed refund of full processing fees from respondent no.4, a private bank, but has […]

In absence of a valid section 143(2) notice scrutiny assessment cannot be framed

March 10, 2021 5565 Views 0 comment Print

Supreme Court has held that issue of a legally valid notice u/s. 143(2) is mandatory for usurping jurisdiction to frame scrutiny assessment u/s. 143(3) of the Act and in the absence of a valid notice u/s 143(2) the scrutiny assessment u/s 143(3) cannot be framed and omission to issue notice u/s 143(2) of the Act is not a curable defect.

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