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Financial stringency not justify non-remittance of TDS – Penalty Justified

December 18, 2019 1197 Views 0 comment Print

Financial stringency would not justify the non-remittance of TDS to the Government, in as much as, it would amount to utilization of money payable to the appropriate government. As such, by extending its benevolence.

Section 43B: PF & employees state insurance payment within Grace Period Allowable

December 18, 2019 17127 Views 0 comment Print

Whether the payment of provident fund and employees state insurance (ESI) dues deposited by the Assessee within the grace period would qualify for deduction under Section 43B of the Income Tax Act, 1961?

Approval for Section 148 notice by mere “YES” word is invalid

December 18, 2019 3255 Views 1 comment Print

In the present case the approving authority has given approval to the reopening of assessment in a mechanical manner without due application of mind by only mentioning in Column No. 12 ‘YES’, in the Reasons for Initiating Proceedings u/s. 147 and For obtaining the Approval of the Addl. Commissioner of Income Tax. On this count the reassessment is not sustainable in the eyes of law and needs to be quashed.

Release confiscated conveyance on deposit of amount determined

December 18, 2019 705 Views 0 comment Print

Devrajbhai Vikrambhai Sambad Vs State of Gujarat (Gujarat High Court) 1. Mr. Vijay Patel, learned advocate for the petitioner submits that the petitioner is ready and willing to pay the amount computed by the respondents towards fine in lieu of confiscation of conveyance, subject to the final order that may be passed by the respondents […]

No re-open assessments if period to retain Books of account expired: HC

December 18, 2019 4164 Views 0 comment Print

MCP Enterprises Vs. State of Kerala (Kerala High Court) Writ petitions are disposed by upholding the retrospective operation of Section 42(3) of the KVAT Act, but declaring that the power to re-open assessments under the said provision cannot be exercised in relation to such assessments where the period for which the assessee concerned is obliged […]

NAA held ‘Adani M2k Project’ guilty of Profiteering

December 18, 2019 1146 Views 0 comment Print

National Anti-Profiteering Authority finds Adani M2k Project LLP guilty of not passing on GST benefits. Rs. 1,25,33,555/- profiteered. Legal order details.

Import policy of gold and silver amended from ‘Free’ to ‘Restricted’

December 18, 2019 6087 Views 0 comment Print

Import policy of gold in any form, other than monetary gold and silver in any form, is amended from ‘Free’ to ‘Restricted’; import is allowed only through nominated agencies as notified by RBI (in case of banks) and DGFT (for other agencies). However, Import under Advance Authorisation and supply of gold directly by the foreign buyers to exporters under para 4.45 of FTP against export orders are exempted.

No GST on Labour contract services for construction of flats under PMAY

December 18, 2019 9849 Views 0 comment Print

Services of pure labour contract supplied by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of a civil structure or any other original works under PMAY is exempted from GST vide Entry 10 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (as amended).

GST Portal Updates related to GSTR 1, Form ITC 04 & Payment

December 18, 2019 1977 Views 0 comment Print

Returns Taxpayers can now make amendments in Form GSTR 1, of advance tax and adjustment of advance tax of various tax periods, in the same month in Form GSTR 1. Form ITC 04 Taxpayers can now delete challan in Table 4 of Form ITC 04. Payment Now preferred bank will be shown in the list […]

In Absence of Karta, Any Family member may be permitted to Prosecute Suit

December 18, 2019 8706 Views 0 comment Print

Madhuri Doulatram Choitram Vs Lachmandas Tulsiram Nayar (HUF) (Bombay High Court) It is one thing to say that a member of the family other than, or in the absence of, a Karta, may be permitted to prosecute the suit on account of special circumstances of a given case. And a completely different thing to claim […]

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