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Not to block EWB Portal of petitioner till further order: HC

October 14, 2020 606 Views 0 comment Print

Barak Valley Cements Ltd Vs Union of India (Gauhati High Court) Petitioners were informed that unless they clear their GSTR-3B return for 02 or more tax periods upto August, 2020, their EWB generation facility will be blocked on the EWB portal. If the petitioner company fails to pay as informed then the EWB portal will […]

Section 68 Bogus Cash Credits: Revenue can examine source of source

October 14, 2020 2514 Views 0 comment Print

Merely pointing out to a source and the source admitting that it has made the payments is not, sufficient to discharge the burden placed on the assessees by Section 68 of the said Act. If this were so, then, it would be sufficient for assessees, to simply persuade some credit- less person or entity to own up having made such huge payments and thereby evade payment of property tax on the specious plea that the Revenue, can always recover the tax from such credit- less source, if possible.

Section 54F exemption allowable on amount expended within time but not deposited in capital gain account scheme

October 13, 2020 4641 Views 0 comment Print

Since assessee had expended the amount well within period of 3 years from the date of sale of original asset, assessee was entitled to proportionate deduction under section 54F though the assessee had not deposited capital gains amount in the Capital Gains Account Scheme within the prescribed time.

Section 80IA(4) deduction eligible on developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme

October 13, 2020 2010 Views 0 comment Print

Unipro Techno Infrastructure Private Ltd Vs DCIT (ITAT Chandigarh) The brief facts relating to the issue are that the assessee is primarily engaged in developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme for different state governments. The assessee claims that the said development work carried out by the assessee falls within the definition […]

HC Grants Bail to accused in Wrongful ITC availment case

October 13, 2020 945 Views 0 comment Print

Sandeep Goyal Vs Union Of India (Rajsthan High Court) Learned counsel for the respondent has opposed the petitions and has submitted that allegations levelled against the petitioners were serious in nature. After thorough investigation of the case it transpired that accused had created 75 fake firms and had issued GST invoices of taxable value of Rs. […]

Re-investigate & Recompute Profiteering By Smoky Kitchen Foods: NAA to DGAP

October 13, 2020 609 Views 0 comment Print

DGAP Vs. Smookey Kitchen Foods OPC Pvt. Ltd. (NAA) We have carefully considered the Reports furnished by the DGAP, the contentions of the Respondent, and the other material placed on record. We observe that this case pertains to a franchisee of M/s Subway India Private Limited in Ghaziabad (Uttar Pradesh) who is supplying various food […]

No detention of Goods in Transit for alleged Wrong Classification

October 13, 2020 3393 Views 0 comment Print

High Court held that the allegation of mis-classification of goods cannot warrant detention of the goods during transit. If the officer feels that there have been misclassification of the goods, then a report to be prepared and sent to the Assessing Officer, who can consider the said report and objections at the time of finalising the assessment.

GST exempt on Supply of Kharif Arhar (Tur) & Green Grm crops to NAFED

October 12, 2020 10068 Views 0 comment Print

In re The Karnataka State Co-Operative Marketing Federation Limited (GST AAR Karnataka) Q1. Whether the transaction of supplying Kharif Arhar (Tur) Crops and Green Grm crops from farmers to NAFED is a taxble supply ? What is the rate of tax to be charged for sale of Agricultural produce to NAFED, if it is to […]

Works contract service of laying pipelines in Bangladesh is not export

October 12, 2020 2289 Views 0 comment Print

In re Maninder Singh (GST AAR West Bengal) NRL has awarded the contract to the applicant for construction of the pipeline in Bangladesh and pays the consideration. NRL is, therefore, the recipient in terms of section 2(93)(a) of the GST Act. A strip of land extending over more than a hundred kilometre is not a […]

Mandatory action by police in cases of crime against women

October 9, 2020 2283 Views 0 comment Print

Government of India has taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women and girls. Government of India has also issued various advisories to the States/ Union Territories from time-to-time emphasizing the strict actions to be taken by the police in cases of crime against women, including in cases of sexual assault which includes registration of FIR,

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