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Interest payable on Delay in Tax payment due to disclosure of STCG as LTCG

August 22, 2019 2817 Views 0 comment Print

Tushin T. Mehta Vs CCIT (Madras High Court) The writ petitioner’s father late Mr. Tushaar Mehta voluntarily filed his return of income for the assessment year 1996-97 on 28.03.1997 admitting the total income of Rs.11,06,129/-. The assessee had claimed long term capital gains of Rs.3,26,813/- on sale of property made during that year. The property […]

Entry tax on excavators by considering them as motor vehicles is unconstitutional: HC

August 21, 2019 5334 Views 0 comment Print

M H Khanusiya Vs State of Gujarat (Gujarat High Court) Levy of Entry Tax at the rate of 12.5% treating Excavators as motor vehicles and/or at par with the motor vehicles is hereby held to be illegal, discriminatory, violative of Article 304(a) of the Constitution of India and against the object and purpose of the […]

Delay in depositing tax under IDS, 2016 for personal reasons cannot be condoned

August 21, 2019 3687 Views 0 comment Print

Sadhana R. Jain Vs CBDT & Anr (Bombay High Court) Reading of the  CBDT Circular dt. 28-3-2017, it would clearly emerge that while providing for a limited window, in cases where payments were made through banking channels but the deposit was made by the bank in the Government revenue few days after 30-11-2016 to condone […]

EOU – CST refund when goods cleared in DTA – FTP to prevail over HoP Appendix

August 21, 2019 2037 Views 0 comment Print

M/s. Hubergroup India Private Limited Vs Union of India (Gujarat High Court) Gujarat High Court has allowed a writ petition filed against denial of refund of Central Sales Tax (CST) to an EOU in a case when the inputs procured from the DTA were used in the production of goods cleared in the DTA during […]

HC issues notice on issue of correction of GSTR 3B and GSTR 1

August 21, 2019 13218 Views 3 comments Print

Petitioner-Assessee has to file his annual return for the Assessment Year 2017-18 by 31.8.2019 under the CGST and HGST. However, it is handicapped on account of inadvertent mistakes/errors having occurred while filing statutory forms GSTR-1 and GSTR-3B, which can be corrected in view of legal provisions, however, same are not being accepted by official portal of the department.

Section 50C provisions cannot be applied for section 69B addition

August 20, 2019 8274 Views 0 comment Print

Gayatri Enterprise Vs ITO (Gujarat High Court) Provisions of Section 50C of the Income Tax Act cannot be applied for the purpose of making addition under section 69B of the Act. We fail to understand why section 50C of the Act has been brought into play having regard to the facts of the present case. […]

Interest on Gross amount without Allowing ITC- HC stays Interest Recovery

August 20, 2019 6225 Views 0 comment Print

In the case of Megha Engineering and Infrastructures Ltd. High Court has directed that to GST Department that in the event interest is not paid under Section 50 thereof, there shall be a direction to respondent to not to initiate any coercive action against the petitioner until further orders.

Depreciation Vs. Actual cost: Government subsidy for setting up new industry

August 20, 2019 7293 Views 0 comment Print

Pr. CIT Vs M/s. Welspun Steel Ltd. (Bombay High Court) If Government subsidy was intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries. In such a case, specified percentage of the fixed capital cost, which was the basis for determining the subsidy, would be granted. The Court held that, […]

Delay in filing of TDS refund due to inadvertence of auditor is Bonafide mistake

August 20, 2019 1215 Views 0 comment Print

G. V. Infosutions Pvt. Ltd. Vs DCIT (Delhi High Court) The rejection of the petitioner’s application under Section 119(2)(b) is only on the ground that according to the Chief Commissioner’s opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could […]

Section 14A disallowance when Expenditure incurred against earning of exempted income disallowed voluntarily by Assessee

August 20, 2019 4542 Views 0 comment Print

Pr. CIT Vs M/s. Lee & Murihead Pvt Ltd (Bombay High Court) Sub-section (2) of section 14A of Income Tax Act, 1961  provides that Assessing Officer would determine the amount of expenditure incurred in relation to income which not forms part of total income if he is not satisfied with the correctness of claim of […]

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