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GST payable on Royalty to State Govt for Black Trap’ mined

February 11, 2021 3195 Views 0 comment Print

In re Raj Quarry Works (GST AAAR Gujarat) (i) The service received by the appellant M/s. Raj Quarry Works from the Government of Gujarat, whereby the appellant is required to pay Royalty to the Government of Gujarat by calculating an amount per Metric Ton of ‘Black Trap’ mined or a fixed amount per year, whichever […]

Section 153C | CIT (Appeals) must examine issue of recording of satisfaction 

February 8, 2021 651 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

Notice issued by officer having no jurisdiction of assessee is null & void

February 3, 2021 9972 Views 0 comment Print

Bhagyalaxmi Conclave Pvt. Ltd. Vs DCIT (ITAT Kolkata) In the remand report, the AO clearly stated that notice u/s 143(2) of the Act was issued by DCIT, Circle-1, Kolkata. The ld. D/R could not controvert the contention of the assessee that no notice u/s 143(2) of the Act was issued by the DCIT-13(1), Kolkata, who […]

Reopening without bringing any fresh material on record is invalid

February 2, 2021 1431 Views 0 comment Print

DCIT Vs Jateen Madanlal Gupta (ITAT Ahmedabad) On perusal of the reasons recorded by the AO, we find that the AO at the threshold has recorded that it is seen that the assessee is having substantial share in ‘JPIL’ which has advanced loan to the companies namely M/S Gujarat Mall Management Pvt. Ltd, and M/S […]

Section 50C Stamp value as on date of agreement or date of registration?

January 29, 2021 2835 Views 0 comment Print

Ashok Vadilal Patel Vs ITO (ITAT Ahmedabad) The dispute between the assessee and the Revenue is, for the purpose of section 50C, which rate is to be deemed as full consideration for the sale of this property for purpose of section 48 of the Act ? According to the assessee, the rate should be adopted […]

Delay at the end of the ARA may frustrate the investigation: HC

January 27, 2021 588 Views 0 comment Print

M/S Sdb Diamond Bourse Vs Union Of India (Gujarat High Court) Mr.Vyas is right to a certain extent that the issues raised by the writ­ applicants before the ARA have been gone into by the Commissioner in the Order in Original. In other words, the Authority, in its order dated 16th July 2020, has adjudicated […]

GST Provisional Section 83 Attachment cannot be invoked if no pending proceedings

January 27, 2021 1170 Views 0 comment Print

Piyush Shamjibhai Vasoya Vs Union of India (Gujarat High Court) Indisputably, in the case on hand, no proceedings under Section 62 or Section­ 63 or Section ­64 or Section ­67 or Section ­73 or Section ­74 of the Act have been initiated or pending against the writ ­applicant. In the absence of pendency of any […]

Section 11(2) exemption cannot be denied merely for discrepancy in fund accumulation object in Form No. 10

January 20, 2021 14760 Views 0 comment Print

Lack of declaration in Form No.10 regarding specific purpose for which funds were being accumulated by the assessee trust would not be fatal to the exemption claimed u/s.11(2) of the Act.

GST payable on Charges for arranging trucks to goods transport agency

January 18, 2021 8613 Views 0 comment Print

In re Deeraj Goyal (GST AAR Andhra Pradesh) Whether the applicant will be classified under transportation of goods by road, which is exempt or commission agents or goods transport agencies and under what HSN code his services are classified and what will be the turnover? The applicant is engaged in the business of transportation of […]

Section 83 attachment order cannot be passed by Assistant Commissioner

January 18, 2021 1530 Views 0 comment Print

Himanshu Infraprojects Pvt. Ltd. Vs Commissioner, Central Goods & Services Tax (Punjab & Haryana High Court) In the present case Section 83 order was passed by the Assistant Commissioner.  As per the counsel for the respondents the order itself reveals that it was passed with the consent of the Commissioner. However, this would not be […]

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