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Seat of Tribunal to decide Appellate Court u/s 260A /269: Bombay HC

May 21, 2019 1419 Views 0 comment Print

Pr. CIT Vs M/s. Sungard Solutions (I) Pvt Ltd (Bombay High Court) Seat of the Tribunal (in which State) would decide the jurisdiction of the Court to which the appeal would lie under the Act.  In the present case, the orders were passed by the Bangalore Bench of the Tribunal (even if the assessment was […]

Dehusking of Paddy to obtain Rice is ‘Manufacture’ for sec 80IA/IB deduction

May 21, 2019 4134 Views 0 comment Print

CIT Vs M/s. Muthuramalingam Modern Rice Mill (Madras High Court) Conclusion: Conversion of Paddy into Rice by the process of de-husking would amount to “maufacture” as not only the form underwent a change but also the value addition happened by such process as a different commercial article came into being and therefore, assessee was entitled […]

HC instructs to consider extension of time for filing of GST Tran-1

May 21, 2019 1008 Views 0 comment Print

Without going into the issue as to whether the time for the purpose can be extended, as the petitioner has moved the aforesaid application, the Assistant Commissioner/Commissioner GST may consider the above application and pass appropriate order in accordance with law.

HC orders release of vehicle seized which was not carrying Invoice & e-Way Bill

May 20, 2019 6126 Views 0 comment Print

Mkc Traders and Another Vs State of U.P. (Allahabad High Court) A perusal of the seizure order and the order passed under Section 129(3) of the Act for the release of the goods reveal that the transporter has not been assigned any role in the entire transaction which had led to the seizure of the […]

Powers of Tribunal to allow claim of assessee when such claim was raised for first time before it

May 18, 2019 1422 Views 0 comment Print

CIT Vs State Bank of India (Bombay High Court) Income Tax Appellate Tribunal (ITAT) has jurisdiction to examine a question of law, even though raised for the first time before the Tribunal, which arises from the facts as found by the authorities below and having a bearing on tax liability of assessee. Tribunal should not […]

AO should apply his mind while deciding application for stay of demand

May 18, 2019 3441 Views 0 comment Print

Turner General Entertainment Networks India Pvt. Ltd. Vs ITO (Delhi High Court) This Court is of the opinion that the AO had to necessarily apply his/her mind to the application for stay of demand and pass appropriate orders having regard to the extant directions and circulars including the memorandum of 29.02.2016. This in turn meant […]

Section 132- No Punishment under GST without Assessment: HC

May 18, 2019 13566 Views 0 comment Print

M/s. Jayachandran Alloys (P) Ltd. Vs Superintendent of GST and Central Excise (Madras High Court) In the present case, the Department does not dispute that action was intended or envisaged in the light of Section 132 of the CGST Act, the counter fairly stating that the provisions of Section 132 of the CGST Act were […]

HC release goods seized for alleged irregularities in documents

May 18, 2019 891 Views 0 comment Print

The goods of the petitioner were being carried from Delhi to Ghaziabad and have been seized on the basis of certain alleged irregularities found in the documents accompanying the goods.

Negotiable Instrument Act covers not only debt but also covers Later Liability

May 17, 2019 4740 Views 0 comment Print

Madan Tiwari Vs State of Chhattisgarh (Chhattisgarh High Court) Purport of the special law under the Negotiable Instruments Act is to ensure that the promise to pay is abided by the person so promising. The provision under Section 139 of the NI Act is that it shall be presumed that the holder of a cheque […]

HC orders release of goods being perishable on furnishing security by way of bond

May 17, 2019 1560 Views 0 comment Print

M/s. Neuvera Wellness Ventures Pvt Ltd Vs State of Gujarat (Gujarat High Court) The impugned order dated 2.4.2019 passed by the second respondent (Annexure-H to the petition) is hereby quashed and set aside. The matter is restored to the file of the second respondent who shall decide the same afresh in accordance with law after giving […]

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