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No reassessment for breach of provisions of section 80IB If disclosed during Original assessment

February 18, 2020 732 Views 0 comment Print

Anand Developers challenges IT Act notice for Assessment Year 2012-13. Jurisdictional issues, disclosures, and reopening examined by Bombay to Goa High Court.

Whether NCLT Moratorium Order covers pending GST proceedings

February 17, 2020 4413 Views 1 comment Print

National Plywood Industries Ltd. Vs Union of India And Anr. (Gauhati High Court) In the given case the issue under consideration is whether the order of moratorium of the National Company Law Tribunal also covers the proceeding pending before the GST authorities under the GST Act 2017? The Hon’ble National Company Law Tribunal, Guwahati Bench […]

Moving objections in 7 days to provisional attachment- Rule 159(5) is directory

February 17, 2020 2058 Views 0 comment Print

The period of 7 days prescribed in rule 159(5) of the CGST Rules for moving the objections to the provisional attachment is merely directory and not mandatory.

Cash credits can be taxed only in the year of credit

February 14, 2020 1509 Views 0 comment Print

Section 68 – Bogus Cash Credit – The expression ‘any previous year’ to mean as not referring to all the previous years, but, the previous year in relation to the assessment year concerned.

Game where success depends upon substantial degree of skill are not gambling

February 14, 2020 2427 Views 0 comment Print

As per Section 12 of the Rajasthan Public Gambling Ordinance, 1949, the game involving ‘mere skill’ is exempted from the applicability of the Act/Ordinance and since ‘Dream 11’ game has been held to be a game of skill, no fault can be found by the answering respondents in the activity which is carried out by the private respondents.

Income tax returns are public documents & can be summoned by Court

February 14, 2020 19950 Views 0 comment Print

Income tax returns are public documents and they can be summoned by the Court. If same are produced before the Court , the same does not result in violation of Article 21 of Constitution of India, as they are Government documents and are accessible to others.

Cancellation of GST Registration without considering reply of Taxpayer- HC Set aside the order

February 14, 2020 2739 Views 0 comment Print

Great Sands Consulting Private Limited Vs Union of India & ors. (Bombay High Court) In this case order cancelling GST Registration has has been passed without considering the reply and on the ground that no reply is filed, the impugned order will have to be set aside and the proceedings will have to be restored […]

Cenvat credit allowable on HR / MS Flats, MS Coils used for manufacturing ships

February 14, 2020 1290 Views 0 comment Print

Commissioner of Central Excise And Service Tax Vs Pipavav Shipyard Limited (Gujarat High Court) Conclusion:  Fabrication of various cranes which were embedded to earth could be treated as excisable goods within the meaning of Capital Goods defined in Cenvat Credit Rules, 2004 and the Cenvat Credit availed of Inputs/Capital Goods like HR Plates, MS Flats, […]

HC allows filing of GST TRAN-1; Not filed despite efforts due to Technical Glitches

February 14, 2020 1404 Views 0 comment Print

Nodal Officer Vs GST Council (Gujarat High Court) While in the case on hand, this Court has not declared the said Rule 117 of the CGST Rules, 2017 neither this Court has ordered the respondents to carry forward CENVAT credit beyond the time limit, but in the case on hand, the respondents herein had tried […]

HC directs payment of Development / Environmental Cess at increased rate till disposal of Appeal by SC

February 14, 2020 1722 Views 0 comment Print

The Petitioner herein accordingly is directed to continue depositing the Cess amount as per revised rate under protest as they have been doing in the past. The said deposit would be subject to the outcome of the Civil Appeals by the Honble Supreme Court.

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