Error committed by the Chartered Accountant in his audit report will not alter the intention of the assessee for holding the equity shares purchased by it as investment which is evident from the statement of accounts/Balance Sheet of the assessee.
In balance sheet of assessee credit balance of lenders had been shown at Rs. 49 lacs and Rs. 13 lacs and details of accounts along with confirmation, addresses and PAN of lenders were furnished before AO for verification. Even assessee had furnished copy of assessment orders passed in case of lender for the relevant year for verification. Apart from that, funds had been received by assessee through banking channel, and therefore, all the ingredients necessary for proving cash credit under section 68 stood satisfied by assessee. Therefore, AO was not justified in making addition under section 68.
Letter of Undertaking is commonly known as LUT is prescribed to be furnished in form GST RFD 11 under rule 96A of CGST Rules, 2017, whereby the exporter declares that he/she would fulfil all the requirements prescribed under GST while exporting without making IGST payment. In this article we have explained how a Exporter can […]
A. FAQs on Filing an application (FORM GST ARA-01) for seeking Advance Ruling by Registered Taxpayers/Unregistered persons and Tracking or Taking Action in the Subsequent Proceedings Q.1 Who can apply for Advance Ruling? Ans. An application for Advance Ruling can be filed by a registered taxpayers as well as an unregistered persons. However, in case […]
Darsh Pharmachem Pvt. Ltd. Vs Superintendent, Central GST (Gujarat High Court) The writ-applicant is engaged in the business of manufacturing of pharmaceutical products. As provided under Section 140 of the CGST Act, 2017, the writ applicant tried to upload Form TRAN-1 for the purpose of claiming the ITC credit on-line. However on account of the […]
Siddhi Developers vs Union of India (Gujarat High Court) It appears that if the petitioner could not upload the form GST TRAN1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN1. In view of the settled legal position as stated […]
Kohitoor Transport LLP Vs State of Gujarat (Gujarat High Court) The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]
Myres Tyre Supply (India) Limited Vs Assistant Commissioner (ST) (Madras High Court) In addition to writ with High Court appellant had also moved an application for refund of the Input Tax Credit (ITC) claimed under the TNVAT Act and this application was without prejudice to their rights under section 140(3) of the TNGST Act. The […]
Rajesh and another Vs State of Haryana (Punjab and Haryana High Court) The FIR in question was lodged at the instance of ASI Vinod Kumar wherein it has been alleged that on 4.6.2019 when he along with other police officials was present near grain market bridge for the purpose of patrolling, then a secret information […]
Article explains how to opt for the Composition Levy under GST, How to opt for Composition Levy if already registered as a regular taxpayer, How to go from regular to composition scheme in GST, When one can opt for Composition Levy, Stock Intimation and How to file Stock Intimation, returns to be filed by a […]
