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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.

Date of Order of CIT(A) is Relevant Date to determine Limitation u/s 150

December 16, 2019 5130 Views 0 comment Print

Intec Corporation Vs. ACIT (Delhi High Court) Plain reading of Section 150 reveals that it deals with a situation where an assessment or re-assessment for a particular year or for a particular person is necessitated by an order passed by appellate or revisional authority or on a reference. In such cases, it may not be […]

HC denies Bail to person accused of issuing Fake GST Invoices

December 16, 2019 1428 Views 0 comment Print

It is further contended that petitioner is involved in using data of individuals for creating fake firms to claim Input Tax Credit. It is contended that statement of accountant and brother of petitioner has been recorded, they have also stated that present petitioner was involved in creating fake firm under GST. Considering the contentions put forth by counsel for the Union of India, I am not inclined to allow the bail application.

Kerala HC allows filing of TRAN-1- Considers wrong GST Council press release

December 13, 2019 1080 Views 0 comment Print

A.F. Babu Vs Union of India (Kerala High Court) While it is a fact that the petitioners did not make an attempt to log into the system before 27.12.2017, the cut-off date prescribed by the respondents for uploading the TRAN-1 Form to the web portal, I find that the petitioners were guided by a press […]

Milk chilling and packing service exempt from GST- TRU Circular invalid- HC

December 13, 2019 20097 Views 0 comment Print

It is hereby held that milk chilling and packing service provided by the contractors to the petitioners are exempted by virtue of Serial No.24 of the table to Notification No.11/2017 – Central Tax (Rate) dated 28.6.2017.

GST system limitations cannot be a justification to deny relief: HC

December 12, 2019 10155 Views 0 comment Print

Vision Distribution Pvt. Ltd. Vs Commisioner, State Goods & Services Tax & Ors. (Delhi High Court) Coming Heavily on GST Department/GSTN Delhi High Court held that The business activity in the country could not be expected to come to a standstill, only to await the Respondents making the GST system workable. The failure of the […]

Transition credit issue- HC allows petitioner to make application before GST Council

December 12, 2019 1128 Views 0 comment Print

Obelisk Composite Technology LLP Vs Union of India (Rajasthan High Court) After considering the fact that the Union of India and the Finance Department have extended the period contemplated under Rule 1A of Rule 117 till 31st December, 2019, Hon’ble High Court grants liberty to the petitioner to make an application before GST Council (through […]

Monitor Redressal of GSTN Network Grievances: HC instructs GSTN

December 12, 2019 1287 Views 0 comment Print

Sales Tax Bar Association (Regd) & Anr. Vs Union of India & Ors. (Delhi High Court) Till the constitution of Public Grievance Committees (PGCs), we direct that the Chairman and the CEO, GSTN shall be responsible to monitor, and they shall ensure the rederessal of all grievances relating to the GSTN, including IT related grievances […]

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