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No SVLDRS benefit if department not quantifies amount during investigation

February 22, 2021 1335 Views 0 comment Print

Karan Singh Vs Designated Committee Sabka Vishwas Legacy Dispute Resolution Scheme and Another (Delhi High Court )  Since quantification has co-relation and is interlinked with tax relief under the scheme, and the Petitioner has not made a voluntary disclosure, but has rather approached for settlement in respect of case under investigation, we find merit in […]

Amount advanced in earlier year and received back in current year cannot be treated as unexplained cash credit

February 22, 2021 3069 Views 0 comment Print

JCIT Vs Radhe Developers (India) Ltd. (ITAT Ahmedabad) In the case on hand, the assessee has received a sum of Rs. 3.59 crore from Shri Kanjibhai Desai which was treated as unexplained cash credit under section 68 of the Act by the AO. However, the learned CIT (A) was pleased to delete the addition made […]

GST Default: Bail condition of payment of 100% of disputed Tax is Harsh: HC

February 22, 2021 1683 Views 0 comment Print

Get insights on the modification of bail conditions in Amit Kumar Kataria Vs State of U.P (Gujarat High Court). Court emphasizes reasonable conditions for bail grants.

AAR rejects application as same issue was already been pending with proper officer

February 22, 2021 858 Views 0 comment Print

In re Vasudeva Dall Products Private Limited (GST AAR Andhra Pradesh) We have examined the issues raised in the application and the submissions of the applicant as well. In the context of the remarks submitted by the jurisdictional officer, we examine the admissibility of the application without going into the merits of the case. In […]

District Court Summons Senior Partner of CA Firm in case of Alleged bribe to Tax Officer

February 18, 2021 2913 Views 0 comment Print

CBI Vs Prithvi Raj Meena (District Court Delhi)  1. Introduction: Complainant Sh. Krishan Kumar is one of the partners of a firm known as M/s Square 9 Inn. Sh. P.R. Meena/Accused No.1 was the Income Tax Officer (ITO) dealing with the ITR of the said firm. Sh. Deepak Aggarwal/Accused No. 2 is a Chartered Accountant […]

Service not provided to Govt or Govt entity not eligible for benefit of Sl. No. 3 of N/N. 12/2017-CT(R)

February 17, 2021 918 Views 0 comment Print

In re Nepra Resource Management Pvt. Ltd. (GST AAAR Gujarat) As the appellant has not been providing services to the Central Government, State Government or Union Territory or local authority or a Governmental authority or a Government Entity, the benefit of Sl. No. 3 of Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 is not […]

ITC benefit cannot be denied merely for entering details in Wrong Column

February 16, 2021 6996 Views 0 comment Print

Ram Auto Vs Commissioner of Central Taxes & Central Excise (High Court Madras)  In this case The petitioner had filed FORM GST TRAN-1 in time. His only grievance is that he is being denied the benefit of input tax credit for having entered the details in wrong column. The learned counsel for the petitioner drew […]

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

February 11, 2021 3321 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 696 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 10032 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 […]

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