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Transitional ITC Credit on stock claimable within three years: HC

June 24, 2020 1143 Views 0 comment Print

Whether the petitioner is entitled to get an opportunity to file the declaration in CGST TRAN –2 in order to be allowed to take transitional Credit on account of inputs held in stock as on the appointed date?

Penalty cannot be levied for making a claim which may be erroneous or wrong

June 24, 2020 5181 Views 0 comment Print

The issue under consideration is whether the levy of penalty u/s.271(1)(c) of the Act is justified in law for for making a claim which may be erroneous or wrong ?

Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

June 24, 2020 7041 Views 0 comment Print

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total income […]

Education Cess & Higher Secondary Education Cess allowable as a Business Expenses

June 24, 2020 17805 Views 0 comment Print

The issue under consideration is whether the Education Cess and Higher and Secondary Education Cess is allowable as a business expenses?

HC allows Petitioner to file application seeking revocation of cancellation of GST registration

June 24, 2020 972 Views 0 comment Print

M. S. Retail Private Limited Vs Union of India (Karnataka High Court) Petitioner has presented this writ petition with a prayer inter alia to quash the order of ‘cancellation of registration’ dated 06.06.2020 passed by Assistant Commissioner of Commercial Taxes, Bangaluru. Learned AGA submitted that under Section 30 of the Central Goods and Services Act, […]

Stay on NCLT Order Initiating Insolvency Proceedings against MSME

June 23, 2020 2709 Views 0 comment Print

Whether the NCLT was correct in passing an order of initiation of the CIRP against a MSME without considering the fact that the minimum threshold limit of filing application in NCLT has been increased to Rs. 1 Crore?

Position of Multiplicity of Arbitration Proceedings & of Subsequent Award Rendering the Previous Award Illegal

June 23, 2020 3339 Views 0 comment Print

The Court concluded that the findings of a Subsequent Award would not render the previous Award illegal or contrary to law. To find the validity of the Award, the Award had to be tested as on the date when it was pronounced, on its own merits.

Per-Day Allowance during employee stay abroad: Non-Taxable

June 23, 2020 3075 Views 0 comment Print

CIT Vs Information Architects (Bombay High Court) The amounts paid by the assessee to its employees towards overseas maintenance allowance. These amounts were paid towards expenses at the rate of IEP 50 per day per employee. Held that these amounts constitute only reimbursement for the expenses incurred by the employees at a particular amount per […]

No TDS on Reimbursement of cost to cost management expenses to parent company

June 23, 2020 2862 Views 0 comment Print

CIT Vs Expeditors International (India) (P.) Ltd. (Delhi High Court) Assessee-company was engaged in business of supplying chain management, logistics and freight forwarding related to movement of goods and cargo within India or outside by road, rail, air or ship – It involved activities of packing, loading/unloading, trucking, tenderization, customs clearance and other cargo handling […]

Section 68: Creditworthiness of lender can’t be proved merely on strength of Bank Statement

June 23, 2020 16920 Views 0 comment Print

The issue under consideration is whether AO is correct in treating unsecured loan received by assessee as unexplained credit under section 68?

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