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Bail Granted for offense of Wrongful Availment of ITC under GST

June 2, 2020 2433 Views 0 comment Print

Mohit Vijay Vs Union Of India (Rajasthan High Court) In the present case, petitioner filed bail application u/s 439 CrPC for the offense of wrongful availment of Input Tax Credit under Section 132(1)(b)(c)(f)(j) and (I) of the Central Goods and Service Tax Act, 2017. High Court States that, the grant or denial is regulated, to […]

DGOV guidelines not overrules Customs Valuation Rules

June 1, 2020 8043 Views 0 comment Print

Sunland Alloys Vs C.C. (CESTAT Ahmedabad) The issue under consideration is whether the DGOV guidelines are over and above Customs Valuation Rules? In the present case, the appellant imported Aluminium Scrap under various Bill of Entries and the price declared in the Bill of Entry is as per the invoice of the foreign supplier. The […]

No penalty for mere upheld of additions by CIT (A)

May 31, 2020 1011 Views 0 comment Print

PCIT Vs Junjab National Bank (Delhi High Court)  Merely because additions made by the Assessing Officer have been partially upheld by the CIT (A), would not confer the ground to initiate proceedings under Section 271(1)(c) of the Act of imposition of penalty, unless it is found that there is concealment of material facts, or furnishing […]

ITAT upheld section 69 Addition for cash found in bank locker

May 31, 2020 1578 Views 0 comment Print

The issue under consideration is whether A.O. and CIT is correct in making an addition u/s 69 for cash found during search in bank locker?

Nature of rent Income not changes merely for Agreement Type

May 31, 2020 1077 Views 0 comment Print

Mahle Filter Systems Pvt. Ltd. Vs Add. CIT (ITAT Delhi) The issue under consideration is whether A.O. is correct in treating the ‘rental income’ as ‘income from other sources’? The assessee has disclosed rental receipts from its factory building and after deducting 30% as per provisions of section 24 of the Act, income from house […]

No Section 69 addition merely for cash deposit in Saving Bank Account

May 30, 2020 4479 Views 0 comment Print

The issue under consideration is whether the addition made by the A.O. for cash deposited into saving bank account by the assessee is justified in law?

Section 12AA registration cannot be rejected merely on suspicion

May 30, 2020 2046 Views 1 comment Print

The issue under consideration is that whether the CIT(Exemptions) is correct in rejecting the application seeking grant of registration u/s 12AA of the Act?

No section 147 notice based on material already presented during section 143(3) assessment

May 30, 2020 1941 Views 0 comment Print

The issue under consideration is whether A.O. is correct in issuing Notice under section 147 for re-opening of assessment irrespective of the fact that the material on which he relied is already present in front of him at the time of assessment u/s 143(3)?

POA holder is authorised to sign appeal form of Foreign Company

May 30, 2020 2901 Views 0 comment Print

The form of appeal shall be verified by the person who is authorised to verify the return of income under section 140 of the act as applicable to the assessee. According to the provisions of section 140(c) of the act, the first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney (POA) from such company to do so.

Section 43B Not Applicable on RTO Registration Fees collected from Customers 

May 30, 2020 5862 Views 0 comment Print

The issue under consideration is regarding applicability of provision of section 43B on the registration fees collected from the customers on sale of the vehicles?

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