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Reopen GST portal to file revised Trans 1: Allahabad HC

January 24, 2018 51465 Views 49 comments Print

Petitioner requests to extend the time period for filing of GST Tran-1 because his application was not entertained on the last date i.e. 27.12.2017 and he has filed his complete application for necessary transactional credit.

Goods not liable to tax cannot be detained for infraction of Rule 138(2) of State SGST Rules

January 18, 2018 1473 Views 0 comment Print

The power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act; that there is no taxable supply when goods are transported on delivery chalans

Mere high appreciation in share value not enough to treat gain from Penny stocks as bogus

January 18, 2018 1572 Views 0 comment Print

This is an appeal against the order of the Income Tax Appellate Tribunal dated 20.07.2016 upholding the order of the CIT (Appeals) dated 14.02.2014. The matter pertains to the assessment year 2008-2009.

Kerala VAT: Bakery shortening and vanaspati are not similar

January 18, 2018 2310 Views 0 comment Print

M/s. Parisons Foods Pvt. Ltd. Vs. Joint Commissioner Of Commercial Taxes (Kerala High Court) The appeal arises from a Clarification Order issued under Section 94 of the Kerala Value Added Tax Act, 2003 (‘KVAT Act’ for short). The appellant/dealer, inter alia, is engaged in the manufacture of ‘bakery shortening’. The clarification sought for was the […]

Mobile sold with charger with single MRP cannot be assessed separately

January 18, 2018 9282 Views 0 comment Print

Admittedly, the mobile phone and charger are sold as part of a composite package. The primary intent of the contract appears to be the sale of the mobile phone and the supply of the charger at best collateral or connected to the sale of the mobile phone.

HC allows disqualified director in a Strike off Company to avail CODS 2018

January 18, 2018 10278 Views 5 comments Print

Admittedly,Company is not carrying out any businesss and its bank account has not been operated for over three years, petitioner ought to be provided benefit of CODS – 2018.

Goods can’t be detained for Mere Non-Compliance of GST Rules

January 17, 2018 4260 Views 0 comment Print

The Kerala High Court, in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, held that the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act.

Authorities have right to ask about inclusion of GST in Tender Price

January 17, 2018 5064 Views 0 comment Print

Kakali Bera Vs. Union of India (Calcutta High Court) Tender process initiated by the tender notice dated April 27, 2017 is under challenge in the present writ petition. The petitioners were admittedly found to be technically qualified and their financial bids were opened. At the initial stage of the financial bid, the petitioners were declared […]

Addition for Value of stock shown to bank in excess of that as per accounts

January 16, 2018 3327 Views 0 comment Print

Where the value of stock shown to bank for purpose of availing of higher credit facility was based on market rate and not at cost price but there was no difference in quantitative details, no addition under section 69B could be made.

Tax on Remission of Principal amount of loan taken for capital investment

January 16, 2018 1482 Views 0 comment Print

Pr. CIT Vs Modern Threads (I) Ltd. (Rajasthan High Court) High Court held that loan which was taken was capital investment and always treated in the capital account as liability and if it is so, it will naturally go as wiping out the capital liability. Income which could be taxed under section 28(iv) must not […]

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