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Department to pay Interest on delay in Grant of IGST refund to Exporters @9% p.a

July 10, 2019 10275 Views 2 comments Print

Saraf Natural Stone Vs UOI (Gujarat High Court) After implementation of GST, refund on exports got substantially delayed to most of the exporters resulting into blockage of working capital and harming the business of exporter community. In a recent Judgement delivered by The Hon’ble Gujarat High Court in Matter of M/s. Saraf Natural Stone Vs […]

GST: HC orders release of conveyance & goods being of perishable nature

July 10, 2019 2844 Views 0 comment Print

M. K. Traders Vs UOI (Gujarat High Court) Conveyance and the goods came to be detained applying the provisions of Section 130 of the Goods and Service Tax Act, 2017. Thus, the position as on date is that the confiscation proceedings are in progress. We are only concerned, as on date, with the issue, whether […]

9% Interest payable on delayed GST refund from filing date of GSTR­3B

July 10, 2019 2625 Views 0 comment Print

Willowood Chemicals Pvt. Ltd. Vs Union of India (Gujarat High Court) For the reasons assigned in the Special Civil Application No.15925 of 2018, decided on 10/07/2019, this writ­application is allowed to the extent that the writ­ applicants are entitled to the interest for the delayed payment at the rate of 9% per annum. The authority […]

Systems glitches on GSTN portal: HC called meeting with GSTN officials

July 10, 2019 7419 Views 0 comment Print

The Court also requests the learned ASG to arrange a meeting in her chamber, at least one week prior to the next date of hearing, of the lawyers appearing on behalf of the Petitioner with the Senior Vice President Of the GSTN and an officer of the level of Additional Secretary in the Department concerned, so that there could be a meaningful interaction with a view to mitigating/ eliminating the outstanding issues.

Transition of credit of Education Cesses : Gujarat HC issues notice to UoI

July 10, 2019 2355 Views 0 comment Print

The Gujarat High Court has issued notice to Union of India to explain reasons for bringing the amendment in Section 140 of the Central GST Act, seeking to retrospectively disallow transition and carry forward of Education Cess and Secondary and Higher Secondary Education Cess in the GST regime

Section 54G exemption on Capital gain on sale of godown situated in an urban area and relocated to non-urban area

July 9, 2019 2874 Views 0 comment Print

Where capital gain arising from transfer of capital asset, being machinery or plant or land or building used for the purposes of business of an industrial undertaking situated in an urban area effected in the course of or in consequence of the shifting of such industrial undertaking to any area other than an urban area, assessee was entitled to the benefit of deduction under section 54G.

No section 68 Addition if AO fails to properly verify details available with him

July 9, 2019 1440 Views 0 comment Print

The issue under consideration is whether the Tribunal is correct in upholding the decision of CIT(A) for deleting the addition made under section 68 of the Act?

Section 14A disallowance not warranted in absence of tax-free income

July 9, 2019 4044 Views 0 comment Print

PCIT Vs Greenland Infracon P. Ltd. (Gujarat High Court) Section 14A of the Act can be invoked only if the assessee seeks to square off the expenditure against the income which does not form part of the total income under the Act, and in such circumstances, Section 14A of the Act could not have been […]

Fees for included services taxable only if technical knowledge made available

July 9, 2019 4455 Views 0 comment Print

In view of Section 90(2) of the Act and clause 4(b) of Article 12 of the Treaty, the provisions of this Act would stand applicable only where fees for included services taxable only if there is a make available technical knowledge. In the case in hand finding of fact that has been returned by the ITAT, there is no make available of the technical knowledge, therefore, the provisions of the Income Tax Act would not stand attracted in the transactions in question.

When a receipt is not in the character of income it cannot form part of book profit U/s. 115JB

July 9, 2019 2364 Views 0 comment Print

As nature of “interest subsidy and power” depends on the purpose for which it was given, hence, in assessee’s case it was ‘capital’ in nature not liable to tax because the entire reason behind receiving the subsidy was setting up of plant in the backward region of West Bengal, namely, Bankura.

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