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Section 80 IB/IC deduction allowable on manufacturing of boxes intrinsically connected with manufacturing of electric meters

December 9, 2019 1074 Views 0 comment Print

Pr. CIT Vs M/s Secure Meters Ltd. (Rajasthan High Court) As far as the question relating to trading profit is concerned, the record shows that the assessee derived this income from the sale of boxes manufactured by it to house electric meters. It is not disputed that the deduction under section 80 IB/IC was for […]

Special Audit Report commissioned subsequent to search cannot be treated as incriminating evidence

December 9, 2019 1494 Views 0 comment Print

PCIT Vs Abhisar Buildwell P. Ltd (Delhi High Court) Learned counsel for the Revenue repeated the submission made before the ITAT viz., that the report of Special Audit should be treated as incriminating evidence. Clearly the report of the Special Auditor, having been commissioned subsequent to the search, and during the assessment proceedings against DSL, […]

No deduction for advertisement expenses paid to non existent companies

December 6, 2019 849 Views 0 comment Print

Web advertisement expenses and depreciation claimed by assessee in respect of software purchase was not an allowable deduction as the expenses claimed by assessee were bogus and assessee would not have been able to substantiate the genuineness of the transactions by producing relevant and material evidence.

ITC cannot be claimed by mere filing of VAT Form 240 without filing of return

December 6, 2019 4989 Views 0 comment Print

MFAR Constructions Pvt. Ltd. Vs Additional Commissioner of Commercial Taxes (Karnataka High Court) Return is the basis on which the computation of tax liability has to be made including the input tax credit in terms of Section 10[3] and Section 10[4] of Karnataka Value Added Tax Act, 2003. It is not in dispute that no […]

GST- Wrong availment of input tax credit – HC Denies Bail

December 6, 2019 13581 Views 1 comment Print

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) HC held that Looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that there are serious allegations against the petitioner of wrong availment of input tax credit of more than Rs. 40.53 Crores […]

Tribunal is duty bound to consider application seeking leave to produce additional evidence at appellate stage

December 6, 2019 1557 Views 0 comment Print

Braganza Construction (P.) Ltd. Vs ACIT (Bombay High Court) The issue under consideration is that Whether on the facts and in the circumstances of the case the ITAT was justified in holding that the said amount of Rs.80 lakhs is deemed to be unexplained expenditure under proviso, to section 69C, of the IT Act, without […]

State Legislature cannot amend KVAT Act after CAA 2016

December 6, 2019 2088 Views 0 comment Print

Baiju A. A. Vs State Tax Officer (Kerala High Court) (i)  the assessments in respect of which the period of limitation for re-opening under Section 25 of the KVAT Act was to expire by 31.03.2017 can be re-opened up to 31.03.2018 by virtue of the amendment to the third proviso to Section 25 (1) vide […]

SCN must be issue before Recovery under GST except in fraud cases: HC

December 5, 2019 2955 Views 0 comment Print

Godavari Commodities Ltd. Vs  Union of India (Jharkhand High Court) In the present case, though it is submitted by learned counsel for CGST that since the tax was paid, Section 73 (1) of the Act shall not be attracted in the case of the petitioner, but the fact remains that the tax was not paid […]

Short credit of transition ITC cannot be denied for clerical Error in TRAN-1

December 5, 2019 2790 Views 0 comment Print

Paharpur Cooling Towers Ltd. Vs Union of India & Ors. (Calcutta High Court) In the present case learned advocate appears on behalf of petitioner and submits, in transition to GST regime there was clerical error made by his client assessee, resulting in claim of short credit on transition. Since it is by result of clerical […]

Arbitrary and illegal detention under GST not to be resorted to: HC

December 4, 2019 2400 Views 0 comment Print

Alfa Group Vs. The Assistant State Tax Officer (Kerala High Court) There is no provision under the GST Act which mandates that the goods shall not be sold at prices below the MRP declared thereon. Further, there is nothing in Ext.P2 order that shows that, on account of the alleged wrong classification of the goods […]

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