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No immunity to companies from prosecution for offences for which punishment prescribed is mandatory imprisonment

September 6, 2019 3345 Views 0 comment Print

 We hold that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offences for which the punishment prescribed is mandatory imprisonment.

Writ filed challenging GST Portal Operation Mechanism for Annual Return filing

September 5, 2019 1761 Views 0 comment Print

Writ Petition Filed Before Hon’ble High Court Of Punjab And Haryana: M/S P.P. Automotive Pvt. Ltd., Challenging The Mechanism Of Operation Of Common GST Portal In Relation To The Filing Of Annual Return. Provisions: As per Section 44 and Section 35 of the CGST/HGST Act read with Rule 80 of the CGST/HGST Rules, the taxpayers […]

Expense allowable on accrual of liability for payment or expenditure

September 5, 2019 11655 Views 0 comment Print

Hon’ble High Court of Kerala which held that an expenditure to be incurred in future in respect of a liability that accrued during the related accounting would be eligible for a deduction. 

Remedies available under CPA and RERA are concurrent: Delhi HC

September 4, 2019 4545 Views 0 comment Print

M/S M3M India Pvt Ltd & Anr Vs Dr Dinesh Sharma & Anr (Delhi High Court) Judgment in Pioneer Urban Land and Infrastructure Ltd. & Anr. vs. Union of India & Ors. constitutes the law declared by the Supreme Court under Article 141 of the Constitution, even in respect of the question raised in these […]

Demanding Bank A/c., Income Tax Return to continue dealership is infringement of Right to Privacy

September 4, 2019 4326 Views 0 comment Print

Demanding details pertaining to the bank account of a person and of  remittances made to the Income Tax Department towards discharge of tax liability shall amount to infringement of Right to Privacy, therefore, assessee was not bound to furnish their income tax returns and the bank account statements, as a condition for continuing the petroleum retail dealership granted to them. 

Discount under product distribution scheme to buy assessee’s product is not a commission for TDS U/s. 194H

September 2, 2019 1794 Views 0 comment Print

CIT Vs Intervet India Pvt.Ltd. (Bombay High Court)  The Assessee had undertaken sales promotional scheme viz. Product discount scheme and Product campaign as discussed herein above under which the Assessee had offered an incentive on case to case basis to its stockists/dealers/agents. An amount of Rs.70,67,089/- was claimed as a deduction towards expenditure incurred under […]

GST: Provisional Attachment cannot be continued beyond the period of one year

September 1, 2019 1440 Views 0 comment Print

Jackpot Exim Private Limited Vs Union of India (Allahabad High Court) In none of the paragraphs the petitioner states that no order of imposing tax or penalty has yet been passed. However, the provisional attachment order survives only for a period of one year in view of Section 83(2) of the Act of 2017, which reads […]

HC beautifully explains concept of Natural justice in GST Case

August 31, 2019 31311 Views 0 comment Print

It is true that the concept of natural justice is not very clear and therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced.

Stay on recovery of demand cannot be rejected merely relying on CBDT instruction

August 30, 2019 6735 Views 0 comment Print

Since CIT rejected assessee’s application for stay of recovery of demand merely relying of CBDT instruction which was cryptic and non-speaking as CBDT circular/instruction could not serve as a series of guidelines in the matter of grant of stay, therefore, the matter was remanded back to CIT for disposal afresh in accordance with law.

Proof of exports for fulfilment of EO – Absence of Bill of Export not fatal

August 30, 2019 4206 Views 0 comment Print

Bombay High Court has directed the DGFT to issue export obligation discharge certificate in a case where the Additional DGFT was satisfied that the petitioner had fulfilled the export obligation but denied the benefit of fulfilment of export obligation only on the ground of non- furnishing of bill of export,

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