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Section 40A(3) additions not justified when demand draft amount credited to bank account although not crossed

November 29, 2018 2841 Views 2 comments Print

M. K. Agrotech Private Ltd. Vs ACIT (Karnataka High Court) The main purpose of crossing a demand draft is to ensure that the payment is cleared by means of an account, i.e., the payment is deposited in the Bank Account i.e the person in whose favour the demand draft has been drawn. It ensures the […]

Unfilled Part B of e-way bill cannot be treated as a minor omission: Goods can be released only on Compliance

November 29, 2018 3006 Views 0 comment Print

Daily Express Vs Assistant State Tax Officer (Kerala High Court) Section 129 is a self-contained code. It lays down the entire mechanism for provisional release of the goods.  Section 129 begins with a non-obstante clause. It stands protected from every other provision. Earlier this Court, on more than one occasion, has held that unfilled Part […]

Non-issuance of notice U/s. 143(2) & Applicability of section 292BB

November 28, 2018 3021 Views 0 comment Print

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court) Section 292BB does not dispense with issuance of any notice that is mandated to be issued under the Act, but merely cures the defect of service of such notice if an objection in such regard is not taken before completion of assessment or reassessment as time […]

HC admit Appeal on Power of Commissioner related to Form GSTR-3B & GST Payment date issue

November 26, 2018 1410 Views 0 comment Print

Delhi HC to examine validity of Circular No.07/07/2017-GST & Rule 61(5). Challenge on due date for filing GST return and delegation of authority. Next hearing on 12th February, 2019.

Section 35(2AB) Scientific Research expenditure deduction cannot be disallowed for Approval from prescribed authority in subsequent year

November 24, 2018 32412 Views 0 comment Print

Claim for deduction under section 35(2AB) could not be defeated on the ground that approval from prescribed authority was granted in the year subsequent to the financial year in which the expenditure was incurred.

Dayanidhi Maran: S.148 Recording of reasons does not mean that same should be communicated along with notice itself

November 24, 2018 3948 Views 0 comment Print

In the present cases on hand, the request made by the writ petitioner had been complied with and the reasons for reopening of the escaped assessment had been communicated to the writ petitioner. The said propositions are very well recognised by the Supreme Court of India in the case of GKN Driveshafts (India) Ltd. Thus the very provision stating that the Assessing Officer should record the reasons does not mean that the same should be communicated along with the notice itself.

Madras HC on Invocation of Section 111(m) of Customs Act

November 23, 2018 3144 Views 0 comment Print

High Court held that Section 111(m) of Customs Act can only be invoked if goods do not correspond in respect of value or any other particular with the Entry made under the Act

Service Tax on deposit collected by builder for Repair & Maintenance

November 23, 2018 1575 Views 0 comment Print

Commissioner of Service Tax Vs. M/s. Crescendo Associates (Bombay High Court) 1. This Appeal under Section 83 of the Finance Act, 1944 read with Section 35G of the Central Excise Act, 1944 challenges the order dated 15 September 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal (“the Tribunal”). 2. The Revenue in […]

Seizure of goods for expiry of e-way bill, expired after detention not justified

November 22, 2018 8709 Views 0 comment Print

Timexo Fasteners India (P.) Ltd. Vs State of U.P. (Allahabad High Court) Petitioners alleged that the vehicle with the goods had entered Kanpur at 8.00 p.m. on 10.11.2018 much before the period mentioned in the e-way bill had expired which fact remains unanswered in the instructions, we are of the opinion that the seizure of […]

Payment for bandwidth charge utilization was royalty & TDS applicable

November 19, 2018 6651 Views 0 comment Print

CIT Vs Infosys Technologies Ltd. (Karnataka High Court) Payment for bandwidth charge utilization was royalty and TDS was required to be deducted under section 195 of Income Tax Act, 1961 and on failure to deduct TDS, the disallowance under section 40(a)(i) was rightly made by the Assessing Officer. FULL TEXT OF THE HIGH COURT ORDER […]

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