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Substantial justice deserves to be preferred over technical considerations

June 12, 2019 3687 Views 1 comment Print

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court) It is relevant to state that AO in his remand report dated 10.10.2016 did not dispute the veracity of the additional evidences furnished by the assessee and further learned CIT(A) did not admit the additional evidences purely on technical ground which is wholly […]

HC dismisses Assessment Order passed by AO to defeat VAT Refund

June 11, 2019 6984 Views 3 comments Print

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court) HC held that it appears to us that in the present case the default assessment order has been generated only to defeat the refund claim of the petitioner, which, in any event, ought to have been paid well before the impugned orders […]

Enable filing of rectified TRAN-1 electronically or accept it manually: HC

June 11, 2019 909 Views 0 comment Print

Arora & Co. Vs Union of India & Ors. (Delhi High Court) Senior Standing counsel for GST submits that petitioner was given an opportunity to submit evidence to demonstrate technical glitch for re-considering his request, however, he failed to do so and thus his representation was rejected. He submits that as per GST system logs, […]

ITAT Member Selection Board can evolve its own procedure

June 10, 2019 4512 Views 0 comment Print

Puneet Sharma Vs Union of India & Ors. (Delhi High Court) 649 applications were received by Department of Legal Affairs’ circular dated 06th July, 2018 for 37 members (Judicial/Accountant) in ITAT. Considering the huge number of applications received for the above-mentioned posts, the interim Search-cum-Selection Committee deemed it fit to conjointly read Section 252 of the […]

Section 14A Disallowance also on Strategic investments

June 9, 2019 4509 Views 0 comment Print

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court) High Court held that strategic investments have to be considered for disallowance under Section 14A but assessee is entitled to contend that the investments are legacy Investments or one-time investment and that there is in fact no expenditure incurred to earn the tax-free income. FULL […]

AO not justified in treating capital gain as unexplained cash credit Where assessee proved genuineness

June 9, 2019 2145 Views 0 comment Print

CIT Vs Maheshchandra G Vakil (Gujarat High Court) HC held that Where assessee proved genuineness of share transactions by contract notes for sale and purchase, bank statement of broker, demat account showing transfer in and out of shares, as also abstract of transactions furnished by stock exchange, Assessing Officer was not justified in treating capital […]

Anti-profiteering -Delhi HC stays NAA order

June 8, 2019 3852 Views 0 comment Print

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court) Delhi High Court has stayed the order passed by the National Anti-profiteering Authority wherein NAA had rejected the plea that CGST Section 171 was not applicable to reduction in rate of tax as compared with pre-GST indirect tax regime, and […]

Delhi HC directs GST Council to consider Petition of Wind Turbine

June 8, 2019 2976 Views 0 comment Print

The Court is of the view that the present petition also be placed for consideration before the GST Council. If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association.

No Stay on arrest for GST evasion; FIR Maintainable: Allahabad HC

June 8, 2019 2046 Views 0 comment Print

Govind Enterprises Vs State of U.P.  (Allahabad High Court) Thrust of the allegations made in the impugned FIR is that the dealer fraudulently, with a dishonest intention, by submitting false documents, with an intention to evade taxes, obtained registration, thereafter, took inward supply and passed on the goods to end users, without generating outward supply […]

No reason for detention of goods Post payment of GST & Penalty: HC

June 8, 2019 939 Views 0 comment Print

In the present case, the petitioner has made a categorical averment in the petition that the amount of tax and penalty has been paid. Under the circumstances, there is no reason for the respondents to withhold the release of the truck in question together with the goods. Under the circumstances, the respondents are directed to forthwith release Truck No.GJ-01-DT-5949 along with the goods contained therein.In the present case, the petitioner has made a categorical averment in the petition that the amount of tax and penalty has been paid. Under the circumstances, there is no reason for the respondents to withhold the release of the truck in question together with the goods. Under the circumstances, the respondents are directed to forthwith release Truck No.GJ-01-DT-5949 along with the goods contained therein.

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