Core Minerals Vs Commissioner of Service Tax (CESTAT Chennai) Notification No. 17/2009 dated 07.07.2009 only requires the production of documents and it is not in dispute that the appellant had indeed produced the documents (though a few photocopy of some invoices). Thus, we are of the clear view that the appellant has complied with the […]
Lakshminarayana Gupta Vs CIT(A) (ITAT Bangalore) The solitary issue that is raised in this appeal is with regard to the disallowance of brokerage claim amounting to Rs.2,17,000/-. It is claimed that assessee had incurred brokerage of Rs. 3,10,000 regarding sale of a property. The assessee has not produced any proof/evidences to substantiate that he had […]
C.C. Kandla Vs Reliance Industries Limited (CESTAT Ahmedabad) We find that in the present case, the revenue has not challenged the merit of the case however their appeal is only on the ground of unjust enrichment. The Revenue contended that the learned Commissioner (Appeals) merely followed the order of Mundra Custom however he has not […]
New Tripura Electricals Vs State of Tripura & Ors (Tripura High Court) Petitioner submits that if returns submitted by petitioner were incorrect, on that ground the GST registration of the petitioner may be suspended or cancelled. There was no suspension order only the show cause notice was issued. Mr. Majumder, learned senior counsel further submits […]
M.P. State Cooperative Marketing Federation Ltd. Vs ACIT (ITAT Indore) ITAT held that it was unable to verify certain facts relevant to the issue being agitated, viz. (i) whether and to what extent the buildings/godowns are being used for the activities eligible for 80P deduction or other activities as being claimed before us; and (ii) […]
State of Odisha Vs Godrej Sara Lee Ltd. (Orissa High Court) The question before the ACST as well as the Tribunal was whether the mosquito repellant ‘Good Knight’ sold by the Opposite Party-Dealer could be classified as ‘insecticide’ under Entry 30 of Part II of Schedule B to the OVAT Act attracting 4% tax or […]
Pushp Niketan School Samiti Vs ITO (ITAT Delhi) It is seen that the assessee has filed written submission wherein it is stated that same amount shown as other income in the P&L Account including interest of FDR and saving accounts of Rs.83,008/- and other charges i.e. income of fine, Lab fee, Founder day charges, photograph […]
Concerned authorities have justified issuance of Show Cause Notice by invoking extended period of limitation, but for a mere allegation that there was suppression. It is very much settled position of law that allegations, howsoever strong, cannot take place of proof.
Malik Network & Computer P. Ltd. Vs ITO (ITAT Delhi) One of the controversies in the present case arises towards computation of limitation period under Section 153C of the Act for the purposes of issuance of notice and assessment thereon. As per Section 153A of the Act (in the case of searched persons), the limitation […]
Undisputedly investment been made out of part of sale consideration. Therefore, simply because sale deed been executed subsequently, section 54F deduction cannot be denied
