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Filing of GST refund for tax periods spread across two financial years cannot be restricted

January 21, 2020 5631 Views 0 comment Print

Pitambra Books Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) The present petition inter-alia impugns Circular No. 37/11/2018-GST dated 15.03. 2018 and Circular No. 125/44/19-GST dated 18.11.2019. Mr. Puneet Agrawal, learned counsel for the petitioner submits that owing to the restrictions imposed in the aforenoted circulars, Petitioner has been deprived of the […]

HC Allows Filling of Tran-1 despite absence of any evidence of technical glitches

January 21, 2020 1638 Views 1 comment Print

In the present case petitioner has approached the Court for allowing him to file a Tran-1 in the absence of any evidence of technical/system error but IT Grievances Redressal Committee are not allowing him to do so since the time limit for uploading of Tran-1 has been extended till 31.12.2019 but this benefit extends only to those registered persons who could not upload the form in time on account of technical difficulties on the common portal. 

Delhi HC unsatisfied with non-operationalisation of GSTR-9/9A/9C form for FY 2018-19

January 21, 2020 22605 Views 0 comment Print

Sales Tax Bar Association (Regd.) & Anr Vs Union of India (Delhi High Court) Learned counsel for the petitioner also submits that in respect of the financial year 2018-19, the GSTR 9, GSTR 9A and GSTR 9C Form have still not been uploaded and, consequently, even though the last date of filing of the same […]

Public functionary cannot be permitted to act like a dictator: HC

January 21, 2020 1842 Views 0 comment Print

Sant Prasad Seth Vs State of U.P. (Allahabad High Court) Withholding of post death dues for years together is not only illegal and arbitrary but a sin if not an offence since no law has declared so. The officials, who are still in service and are instrumental in such delay causing harassment must however feel […]

Rajasthan HC grants bail to CA accused of wrongly availing ITC

January 20, 2020 3288 Views 0 comment Print

Paridhi Jain Vs State (Rajasthan High Court) HC held that Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the petitioner being a practising Chartered Accountant and a lady of 27 years is facing incarceration for last more than one month and […]

Form TRAN-1 rectification- HC allows petitioner to approach Nodal Officer

January 20, 2020 1281 Views 0 comment Print

Writ Petition is disposed of, only by granting such liberty to the petitioner to approach the said Nodal Officer and make a representation within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation/request, the said Nodal Officer shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of three weeks thereafter. No costs.

No Section 2(22)(e) deemed dividend addition if lending was substantial part of business of company

January 20, 2020 2637 Views 0 comment Print

No addition could be made by way of deemed dividend in case advances or loan made to a share holder by the Company in the ordinary course of business where lending of money was a substantial part of the business of the Company. 

NO VAT on trade discount received from Car manufacturer

January 20, 2020 2889 Views 0 comment Print

Kun Motor Company Pvt. Ltd. Vs Assistant Commissioner (CT) (Madras High Court) There is no dispute that the Petitioner is a dealer in motor cars and had received trade discount from the manufacturer from whom it had purchased the cars for retail sales at its show rooms. The trade discount which has been offered by […]

HC directs for Issue of GST refund delayed due to Processing by officer interface option

January 20, 2020 1266 Views 0 comment Print

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court) In the given case, the petitioner has later filed amendments in the GST returns with IGST amounts, therefore, the refunds can be processed through an officer interface option, which is already availed in ICES. Necessary action to sanction IGST refunds in the instant case […]

Donation for Scientific Research cannot be treated as Bogus when doneee confirms use for such Purpose

January 20, 2020 1821 Views 0 comment Print

The Expenses incurred on a Donation made through Banking Channel used for Scientific Research will be allowed to the assessee as Herbicure Foundation has confirmed that the amount has been utilized for scientific research and there is no evidence that the same is returned back in cash.

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