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Companies which are functionally dissimilar cannot be taken as a comparable

September 25, 2020 2016 Views 0 comment Print

TRX Technologies India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The assessee is contending to exclude from the list of comparables M/s. Acropetal Technologies Limited (Seg.), M/s. Accentia Technologies Limited, ICRA Online Ltd. and Jeevan Scientific Technology Limited. In similar circumstances and for the same assessment year, the jurisdictional Tribunal in the case of Aspect Technology […]

Domestic Systemically Important Insurers (D-SIIs)

September 25, 2020 2190 Views 0 comment Print

Domestic Systemically Important Insurers (D-SIIs) refer to insurers of such size, market importance and domestic and global inter connectedness whose distress or failure would cause a significant dislocation in the domestic financial system. Therefore, the continued functioning of D-SIIs is critical for the uninterrupted availability of insurance services to the national economy.

HC quashes order passed during Lokdown in breach of principles of natural justice

September 24, 2020 1782 Views 0 comment Print

Gobind Enterprises Through Gurjinder Singh Vs State of Gujarat (Gujarat High Court) At the outset, it is contended by the petitioner that order is passed on 27.3.2020, when the whole nation was under lock down due to Covid19 and order is served upon the petitioner on 17.6.2020 and therefore, there was no effective hearing and […]

Section 69: Entire purchases cannot be added as bogus

September 24, 2020 2241 Views 0 comment Print

ITO Vs Abhay Kantilal Shah (ITAT Mumbai) In instant case, as mentioned earlier, the assessee has filed before the AO copies of (i) bank statements for the financial year 2010­11, evidencing the payments made to these parties; (ii) ledger account of all the parties; (iii) purchase invoices from these parties and (iv) sale invoices as […]

CSR expense of Company Prior to 01.04.2015 cannot be disallowed

September 24, 2020 756 Views 0 comment Print

Amendment in section 37(1) of the Act has been introduced w.e.f. 1st April, 2015 and does not apply on the facts of the case and the disabling provision as stated in Explanation 2 to section 37(1) refers only to such corporate social responsibility expenditure as u/s. 135 of the Companies Act, 2013

CBI Arrests three GST Officials in a Bribery Case of Rs. Five Lakh

September 24, 2020 1944 Views 0 comment Print

The Central Bureau of Investigation has arrested two Superintendents and one Inspector, all working in the office of Commissioner, Central Goods & Service Tax, Central Excise, Belgaum(Karnataka) in an alleged bribery case of Rs. Five Lakh.

No taxable event under GST on mere inter-State transfer of goods – HC directs refund of Tax & Penalty

September 23, 2020 2820 Views 0 comment Print

Telangana High Court rules in favor of Deutzfahr India. Unjust GST and penalty collection revoked. Key insights into the case explained.

HC order release of goods & Truck on payment of GST & Penalty alongwith furnishing of Bank Guarantee

September 23, 2020 1878 Views 0 comment Print

Arpit Parcel Service Vs State of Gujarat (Gujarat High Court) 1. Heard Mr. Ashish B. Desai, learned advocate for the petitioner and Mr. Dharmesh Devnani, learned AGP for respondent State. 2. By way of this petition, under Article 226 of the Constitution of India, the petitioner has challenged the impugned notice dated 08.08.2020 in Form […]

HC imposes cost on revenue for filing frivolous GST appeals on Transitional Credit Issue

September 23, 2020 1137 Views 0 comment Print

Commissioner of GST Vs Checkpoint Apparel Labeling Solutions India Pvt. Ltd (Madras High Court) We are constrained to observe that the Revenue Department, cannot be permitted to file such frivolous appeals by way of intra court appeals. The documents discussed above and quoted by us clearly establish beyond doubt that the Assessee had been making […]

Addition based on mere Whatsapp messages is not sustainable

September 23, 2020 7074 Views 0 comment Print

Addition was made merely on the basis of whatsapp messages and the statement recorded from section 132(4) from Shri Lanka Anil Kumar which was subsequently retracted. Therefore we are of the view that the addition made by the AO is unsustainable.

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