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HC explains provision of Exemption from provisions of Section 194A to Co-operative Societies

December 3, 2019 4635 Views 0 comment Print

High Court held that in the case of deposits made by the petitioner societies with the Co-operative Banks, they would be entitled to the benefit of exemption under Section 194A(3)(iii)(v) of the Income Tax Act and, in respect of the deposits made by the petitioner societies with the Treasury, they will not be entitled to the benefit of exemption under Section taxguru.in 194A(3)(iii)(a) of the Income Tax Act.

SCN Mandatory before levying interest on delayed payment of GST: HC

December 3, 2019 4998 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 […]

Presence of lawyers cannot be allowed during examination by GST officers

December 3, 2019 8058 Views 0 comment Print

Sudhir Kumar Aggarwal Vs Directorate General of GST Intelligence (Delhi High Court) Delhi High Court has held that presence of lawyer cannot be allowed at the time of questioning or examination of a person by the officers under the GST provisions. The Court observed that officers under GST law are not police officers and have […]

Mistake by CA in filing Form 240 not attracts Section 69[1] of VAT Act: Karnataka HC

December 3, 2019 4845 Views 2 comments Print

In a recent case of M/s. Fresh and Honest Cafe LTD. V. The Deputy Commissioner [Ct] and Anr. (Karnataka High Court) , a ruling was stated by Justice S. Sujatha (Karnataka High Court) that stats that any mistake said to have been committed by a learned CA in filing VAT Form 240 will not be seen as an intentional mistake and further not levy section 69(1) as court rule by Karnataka high court.

No concealment penalty even for not disclosing income in ITR if shown in balance sheet

December 2, 2019 4584 Views 0 comment Print

Assessee, in the instant case, has not concealed the income deliberately (particularly in the light of the fact that advances have been shown in the balance sheet filed even along with the original return) and therefore, is not liable for imposition of penalty under Section 271(1)(c) of the IT Act.

Proviso to Section 167(1)(a) mandating Vacation of Directorship is valid: HC

December 2, 2019 12039 Views 0 comment Print

G. Vasudevan Vs Union of India (Madras High Court) Section 167 of the Companies Act as stated earlier gives instances where the office of a Director shall become vacant. Section 167(1)(a) states that if a Director incurs any disqualification specified in Section 164, then he vacates his seat as a The proviso which is under […]

Section 153A | Unabated Assessment | No incriminating documents | No Addition

December 2, 2019 3888 Views 0 comment Print

In case of unabated assessment under section 153A(1)(b), unless such assessment was based upon incriminating documents seized/impounded during the course of search, no addition could be made under section 153A.

Form GST TRAN-1 can be revised only once within the specified period

December 1, 2019 4758 Views 0 comment Print

A conjoint reading of the Rule 117 and 120A of CGST Rules, 2017clearly reveals that every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal,

Additions based on P&L account & B/S filed by assessee with return cannot be considered as additions on the basis of new income source

December 1, 2019 1185 Views 0 comment Print

S.D. Traders Vs CIT (Allahabad High Court) It has been argued by the counsel for the Revenue that CIT (A) has not travelled beyond the books of accounts and during appeal it was found that only confirmation was available of five parties and the rest of the creditors were untraceable, hence the addition of the […]

Penalty u/s 271(1)(c) not valid in absence of proper record of satisfaction

December 1, 2019 2775 Views 0 comment Print

PCIT Vs Goa Coastal Resorts and Recreation Pvt. Ltd. (Bombay High Court) Notice which is issued to the assessee must indicate whether the Assessing Officer is satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. If the notice is issued […]

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