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Proof of not been able to upload form Tran-1 due to technical glitches, not mandatory

December 17, 2019 2631 Views 0 comment Print

A. B. Pal Electricals Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) as per Notification No. 49/2019 dated 09.10.20 19 issued by CBIC, the date prescribed for filing of Form GST TRAN-1 under Rule 117 (1A) of the CGST Rules has been extended to 3 1.12.2019. This itself demonstrates that the Respondents […]

Writ petition not maintainable if Excise authorities has not passed adjudication order within Limitation period

December 17, 2019 1878 Views 0 comment Print

Sunder System Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) Sub-section 4B to Section 73 of the Fin Act fixes the time or limitation period within which the Central Excise Officer has to adjudicate and decide the show cause notice. The time period fixed under Clause A or B is six months […]

Assessee cannot be deprived of Transitional Credit : HC

December 17, 2019 1044 Views 0 comment Print

Soni Traders Vs Union of India & Ors. (Delhi High Court) it emanates that the Respondents have no cogent ground to deny the benefit of the Notification No. 49/2019 dated 09.10.2019 issued specifically to grant relief to taxpayers who faced difficulty in filing Form GST TRAN-1 due to technical glitches. Credit standing in favour of an […]

Patiala Courts grants Bail in case of alleged GST evasion via bogus ITC

December 16, 2019 1392 Views 0 comment Print

CGST Vs Sudhir Kumar Aggarwal (Patiala House Court) Ld counsel for the applicant/accused submitted that the applicant/accused has been falsely implicated. Ld counsel submitted that on various occasions the accused/applicant joined the investigation with the complainant department. Ld counsel submitted that the accused was coerced to give statement on 16.11.2019, however, the said statement has […]

Expense on Conducting of samagams and spiritual discourses by Trust allowable

December 16, 2019 1461 Views 0 comment Print

CIT Vs Bhagwan Shree Laxmi Narain (Delhi High Court) Conducting of samagams and spiritual discourses are part of religious activities and religious activity in the context of the Hindu religion need not be confined to the activities incidental to a place of worship only, like a temple. It is not in dispute that the activities […]

HC allows filing of TRAN-1 to appellant to allow him avail un-utilized ITC

December 16, 2019 3027 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GST-3B Forms to be filed for the month of January,2020 either electronically or manually.

Give TDS credit despite failure of deductor to upload correct details in Form 26A: SC

December 16, 2019 4149 Views 0 comment Print

Bombay HC  held that in case, the deductor has failed to upheld the correct details in form 26­AS the benefit should be given  to  the  assesssee  on  the  basis  of  evidence  produced  before  the Department.

Loss of stock on account of fire at business place is allowable

December 16, 2019 3531 Views 0 comment Print

P.H. Kumar & Co. Vs ITO (Delhi High Court) Court is of the view that the plea of the Assessee ought to have been accepted in the first instance by the AO. The Assessee placed on record the agreement under which it was obliged to bear the loss for shortage of stock. The Assessee also […]

No Violation of section 13(3)- Interest-free loan advanced to other charitable trusts

December 16, 2019 20340 Views 0 comment Print

It defies logic as to why such donations cannot be permitted out of 15% accumulation permitted under Section 11(1)(a) itself. There is however rationale for imposing the restriction as contained in the explanation to accumulations in excess of 15%.

Allow petitioner to claim ITC in TRAN-I or in GSTR-3B Form: HC

December 16, 2019 1356 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GSTR-3B Forms to be filed for the month of January, 2020 either electronically or manually.

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