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Section 271(1)(c) Penalty Justified if Assessee not Acted Bonafidely

September 27, 2020 4302 Views 0 comment Print

Gangotri Textiles Ltd. Vs. DCIT (Madras High Court) The issue under consideration is whether the penalty u/s 271(1)(c) levied by the assessing officer is justified in law? In the present case, the assessee did not disclose about the sale of the lands and windmill in the return of income, which was clear from the perusal […]

GST Rule 90(3) treating Rectified Refund Application as fresh, challenged

September 27, 2020 6165 Views 0 comment Print

A refund application under Section 54 of the CGST Act read with Rule 89 and Rule 90(3) of the CGST Rules is automatically treated as rejected and the second refund application is treated as a fresh application and the interest amount is calculated only from the date of the second refund application or subsequent applications which are filed after receiving the deficiency memos.

HC on Entitlement to extension of usance period of Letter of Credit Facility from 180 to 270 days

September 25, 2020 3036 Views 0 comment Print

The moot question raised in the writ petition is, whether the writ petitioners are entitled to an extension of the usance period of the Letter of Credit Facility sanctioned to the writ petitioners from 180 days to 270 days.

LLP Settlement Scheme, 2020 benefit cannot be denied on Form uploaded pursuant to Court Order

September 25, 2020 771 Views 0 comment Print

Handoo & Handoo Legal Consultants Vs. Union of India (Delhi High Court) The plea of the petitioner(s) in the present applications is that they have been denied the benefit of the Scheme only on the ground that they uploaded the forms pursuant to the order dated 06.12.2018 of this Court. The learned counsel for the […]

906 Gms Jewellery gms was Reasonable for Assessee Married for More than 25 years

September 25, 2020 2487 Views 0 comment Print

whether the Tribunal is correct in making the addition of the entire jewellery found at the time of search as undisclosed income without appreciating that the said jewellery was acquired at the time of marriage over a period of time?

Penalty of twice the tax amount for mere delay in Entry Tax payment was unjustified

September 25, 2020 1743 Views 0 comment Print

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court) The issue under consideration is whether sales tax officer is justified in levying penalty at twice the amount of entry tax? High Court states that, under the Act penalty may be imposed for failure to register as a dealer Section 9(1) […]

Reopening of Assessment not allowed to Form Change of Opinion

September 25, 2020 1263 Views 0 comment Print

The issue under consideration is whether the reassessment proceeding u/s 147 initiated to form change of opinion which clearly amount to reviewing the original order of assessment is justified in law?

Income from Lease Money or Rentals taxable as Business Income if it is Exclusive or Predominant Business of Assessee

September 25, 2020 6528 Views 0 comment Print

The issue under consideration is whether the income earned by the Assessees during the Assessment Years in question from letting out of its warehouses or property to lessees, is taxable under the head ‘Income from Business’ or ‘Income from House Property?

Depreciation cannot be claimed on Enhanced Value of second hand Windmill

September 25, 2020 3411 Views 0 comment Print

The issue under consideration is whether the actual purchase price of a second-hand asset can be ignored by purported recourse to Explanation 3 to Section 43(1) of the Income Tax Act, 1961?

HC quashes order passed during Lokdown in breach of principles of natural justice

September 24, 2020 1782 Views 0 comment Print

Gobind Enterprises Through Gurjinder Singh Vs State of Gujarat (Gujarat High Court) At the outset, it is contended by the petitioner that order is passed on 27.3.2020, when the whole nation was under lock down due to Covid19 and order is served upon the petitioner on 17.6.2020 and therefore, there was no effective hearing and […]

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