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Cash expenses not amenable for cross verification; ITAT disallows 5% expense

January 23, 2020 855 Views 0 comment Print

The assessee is engaged in the business of quarrying, processing/selling exporting of a granite block and slabs.

HC denies Bail for alleged Fake GST Invoicing / Bogus ITC Claim

January 23, 2020 1437 Views 0 comment Print

Punjab HC refuses to grant Bail in the case where petitioner was alleged to create fake invoices in order to avail the benefits under Input Tax Credit (ITC). Sanjay Dhingra Vs DG GSTI (Punjab and Haryana High Court)

Coercive steps shall be kept in abeyance until rectification orders are passed

January 22, 2020 2223 Views 0 comment Print

Manambur Service Co-Operative Bank Limited Vs ITO (Kerala High Court) HC states that the rectification applications will be taken up for consideration by respondent without much delay, and affording reasonable opportunity of being heard to the petitioner through authorised representative/counsel, if any, may pass orders thereon without much delay preferably within a period of 4 […]

HC allows filing of Appeal on payment of Rs. 2 Lakh instead of 20% of demand

January 22, 2020 1341 Views 0 comment Print

Suresh Anuradha Vs CIT (Madras High Court) In the given case, the second respondent has demanded the petitioner to pay a sum equivalent to 20% of levied tax on or before 17.01.2020 for entertaining the appeal and stay petition under Section 220(6) of Income Tax Act 1961. Earlier, an assessment order was passed on 11.12.2009 […]

No Service Tax on Membership Fees paid by Member to Club/Association

January 22, 2020 4998 Views 0 comment Print

The same issue has been dealt by the Honble Gujarat High Court in the case of Federation of Surat Textile Traders Association vs. UOI [2017 (52) STR 478 (Gujarat)] and in the case of Calcutta Club Limited (supra) wherein it has been held that the services provided by the assessee to its members is not liable to pay service tax.

HC Allows Filling of Tran-1 despite absence of any evidence of technical glitches

January 21, 2020 1347 Views 1 comment Print

In the present case petitioner has approached the Court for allowing him to file a Tran-1 in the absence of any evidence of technical/system error but IT Grievances Redressal Committee are not allowing him to do so since the time limit for uploading of Tran-1 has been extended till 31.12.2019 but this benefit extends only to those registered persons who could not upload the form in time on account of technical difficulties on the common portal. 

HC directs for Issue of GST refund delayed due to Processing by officer interface option

January 20, 2020 1038 Views 0 comment Print

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court) In the given case, the petitioner has later filed amendments in the GST returns with IGST amounts, therefore, the refunds can be processed through an officer interface option, which is already availed in ICES. Necessary action to sanction IGST refunds in the instant case […]

Donation for Scientific Research cannot be treated as Bogus when doneee confirms use for such Purpose

January 20, 2020 1254 Views 0 comment Print

The Expenses incurred on a Donation made through Banking Channel used for Scientific Research will be allowed to the assessee as Herbicure Foundation has confirmed that the amount has been utilized for scientific research and there is no evidence that the same is returned back in cash.

Section 179: No Tax recovery from director if same can be recovered from Company

January 20, 2020 13656 Views 0 comment Print

In the show-cause notice, there is no whisper of any steps having been taken against the Company for recovery of the outstanding amount. Even in the impugned order, no such details or information has been staled.

Interest from shipping bill date allowed in case of serious delay in effecting refunds

January 20, 2020 861 Views 0 comment Print

In case of serious delay in effecting the refunds under GST Act, GST Authority to pay IGST refund alongwith interest from date of shipping bill after following due procedure.

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