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Section 271D Penalty applicable on Loan from Sister Concerns in Cash

September 23, 2017 2892 Views 0 comment Print

Assessee’s contention was that the entries were not in the nature of the loan or deposit on the face of it was not acceptable, as once any amount had been received by the assessee and the same was shown as received in its books of account, then it had partaken the nature of deposit and penal provision of section 271D was attracted.

Penalty U/s. 271AAA not applicable on failure to ask question regarding manner of earning of income

September 22, 2017 1065 Views 1 comment Print

Section 271AAA imposes an additional condition of the assessee having to substantiate the manner in which, the undisclosed income was derived. This requirement, however, must be seen as consequential to or corollary to the base requirement of specifying the manner, in which, the undisclosed income was derived. It is only when such declaration is made, the question of substantiating such disclosure or claim would arise.

Every Majority Decision is Not ‘Cartelisation’: Delhi HC in Reliance Jio Vs. Others

September 21, 2017 1614 Views 0 comment Print

Bombay High Court quashed and set aside an order of the Competition Commission of India (CCI) which directed a probe into the ‘cartelisation’ charge leveled against Vodafone India, Idea Cellular and Bharti Airtel Limited, by Reliance Jio.

Relief to taxpayers by Rajathan High Court from late fees and penalty on account of technical glitches on GSTN portal

September 21, 2017 3552 Views 1 comment Print

माननीय राजस्थान उच्च न्यायालय की डिवीज़न बेंच के न्यायाधीशगण जस्टिस श्री के. एस झवेरी व जस्टिस श्री विजय कुमार व्यास द्वारा Rajasthan Tax Consultants Association vs. Union of India & Ors. [D.B. Civil Writ Petition No. 15239/2017] के मामले में याचिकाकर्ता एसोसिएशन द्वारा दायर की गई रिट की सुनवाई की गई जिसमे जीएसटीएन पोर्टल में […]

GSTN system is not working upto level & needs correction: Rajasthan HC

September 20, 2017 2490 Views 1 comment Print

Looking to the averments which are made in the petition and the reply which has been filed, it appears that the system is not working upto the level and the same is required to be corrected & updated to meet requirements.

Release Seized Goods on payment of 50% of demand as per GST: Kerala HC

September 19, 2017 2562 Views 0 comment Print

The respondent herein, a dealer registered under the KVAT Act and migrated to CGST Act, had purchased a consignment of plywoods from a manufacturer at Perumbavoor, and was transporting the same. The goods were detained by the appellants and Ext.P5 notice under Section 129(3) of the Central/State Goods and Services Tax Act, 2017 was issued.

Service Tax under RCM on Senior Advocates Applicable from April 2016: Delhi HC

September 18, 2017 2034 Views 0 comment Print

service tax from 1st April 2016 itself ought to have been collected on reverse charge basis. If any client who has paid the fees of the Senior Advocate, has failed to make payment of the corresponding service tax on reverse charge basis, it would be open to the Department to proceed against such client to recover the service tax in accordance with law.

Perfection And Excellence Is Lacking In Legal Profession: Delhi HC

September 18, 2017 705 Views 0 comment Print

Perhaps, it is because of the said grounds having been allowed by the Courts to prevail, that perfection and excellence is lacking in the legal profession and mediocrity has set in.

Training & Coaching services to Students by Trust liable to Service Tax

September 18, 2017 2784 Views 0 comment Print

A educational coaching is covered by the expression coaching centre as defined in section 65(26) and (27). That it is not on commercial basis or predominantly for profit is the only argument canvassed throughout.

Procedural rules cannot be ignored even if litigant is Government/ Revenue and Revenue should not follow tendency of blaming Advocate or procedural rules for dismissal of appeal

September 15, 2017 1098 Views 0 comment Print

Bombay High Court held in the case of CIT Vs. M/s. Parle Bisleri Ltd. that Procedural rules cannot be ignored even litigant is Government/ Revenue and Revenue should not follow tendency of blaming Advocate or procedural rules for dismissal of appeal

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