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HC directs release of goods as appellant already paid tax & penalty

October 9, 2019 888 Views 0 comment Print

Siddhabali Stone Gallery Vs State of Gujarat (Gujarat High Court) Considering the documents placed on record which reveal that the petitioner had paid the integrated goods and services tax on the goods in question at the time of import thereof as well as the fact that after the conveyance came to be intercepted, the petitioner […]

Converting written play into dramas is not a commercial activity for section 12AA registration

October 9, 2019 651 Views 0 comment Print

CIT (E) Vs Kanakia Art Foundation (Bombay High Court) We have perused the objects of the trust with a special focus on the objects which the Commissioner has referred to for holding that they are not charitable in nature. The Commissioner has referred to clause (f) of the objects but reproduced only part of it […]

Unutilized amount in Capital Gain A/c can be withdrawn post Tax deduction

October 9, 2019 4941 Views 1 comment Print

If only a part of the amount deposited in the Capital Gains Account Scheme is utilized for the construction or purchase of a new asset within the specified time, income tax is chargeable on the unutilized amount.

GST system is still in a trial and error phase: Delhi High Court

October 8, 2019 3672 Views 1 comment Print

The Tyre Plaza Vs Union of India & Ors. (Delhi High Court) Learned counsel for the Petitioner points out that in the present case, the eligibility of the Petitioner to claim the input tax credit (ITC) has not been doubted by the Respondents. However, for no fault of the Petitioner, despite repeated attempts, it could […]

HC directs GST Commissioner to reflect ITC claim of Petitioner in electronic credit ledger

October 7, 2019 2277 Views 0 comment Print

Sikka Motors Pvt. Ltd. Vs Commissioner, Central Goods And Service Tax & Ors. (Delhi High Court) Learned counsel for the Petitioner points out that in the present case, the eligibility of the Petitioner to claim ITC has not been doubted by the Respondents. However, for no fault of the Petitioner, despite filing the form GST […]

Gujarat HC explains Limitation period to challenge possession under SARFAESI Act

October 7, 2019 25878 Views 0 comment Print

Manglesh Champaklal Gandhi Vs Aditya Birla Finance Ltd. (Gujarat High Court) It is clear that on reading the provisions of Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Rule 8 of Security Interest (Enforcement) Rules, 2002, the Court held that once possession notice is given under […]

Non-holding of enquiry for determination of FMV- Matter remanded back

October 6, 2019 906 Views 0 comment Print

CIT Vs M/s. Vaani Estates Pvt. Ltd. (Madras High Court) Having heard the learned counsel for the parties and considering the aforesaid provisions, we are of the opinion that the learned Assessing authority was required to undertake the exercise of fact finding by determining the Fair Market Value of the Shares in question as required […]

Reconstitution of firm does not constitute transfer u/s 45(4)

October 4, 2019 4731 Views 0 comment Print

Section 45(4) would not be attracted on the retirement of the two partners and consequential allotment of their share in the assets in the assessee-firm as there was no element of transfer of interest in the partnership assets by the retiring partner to the continuing partners. 

Transitional credit cannot be denied for mere elapse of time to file revised FORM GST TRAN-1

October 4, 2019 5640 Views 0 comment Print

Jakap Metind Pvt Ltd Vs Union of India (Gujarat High Court) In this case, it is not as if the petitioner has not filed FORM GST TRAN-1 within the time provided by the respondents under the rules. The petitioner had filed the form, but on account of not properly understanding the nature of the columns […]

Hindu Succession Act not applies to private property of ruler by virtue of Section 5(ii)

October 4, 2019 10557 Views 0 comment Print

Smt. Krishana Kumari Devi Vs Harihar Chandra Bhanjdeo (Chhattisgarh High Court) It is, indisputably and fairly well settled that private was to remain with him under the covenant/agreement executed with the GOI and the said property has to pass on from one Ruler to another in terms of Article 5 of the agreement. It would […]

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