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HC rejects bail application in fraudulent availment of ITC case

October 8, 2018 1662 Views 0 comment Print

Ranjeet @ Ranjeet Singh Vs Union of India (Allahabad High Court) Supplementary counter affidavit filed by the learned counsel for the complainant today in the Court is taken on record. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant and Sri B.K.Singh Raghuvanshi, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. […]

Disallowance of Service Tax U/s. 43B when payment not received from customer

October 7, 2018 7875 Views 0 comment Print

Service tax due not disallowed under section 43 if payment not received from the customer

HC upheld Invalidation of Income Tax Settlement Application for failure to make full and true disclosure of undisclosed income

October 7, 2018 1620 Views 0 comment Print

During the course of search, various documents, cash and jewellery were seized. Statements of the petitioner, his family members, employees and directors of associate companies were recorded under Section 132(4) of the Act. The petitioner had surrendered Rs.20 crores before Investigation Wing of the Income Tax Department on 21stApril, 2014.

Error in filing Form TRAN­1- Govt should allow rectification: HC

October 5, 2018 1452 Views 0 comment Print

O/E/N India Ltd. & Anr. Vs Union of India & Ors. (Bombay High Court) 1. This Petition under Article 226 of the Constitution of India seeks a direction to the Respondent No. 3 to allow the Petitioners to resubmit his Form TRAN­1 either electronically or physically, containing the correct figure of Cenvat credit available to the Petitioners under the Central Goods and Services […]

HC order release of perishable goods on furnishing of bank guarantee

October 5, 2018 1356 Views 0 comment Print

There is merit in the argument of the learned Counsel for the appellant that since the goods confiscated are cumin seed (Zeera) and fennel seed (Saunf) which are perishable in nature as also the vehicle, they need to be released forthwith.

Birth/Death Certificates can be applied Under RTI Act: HC

October 5, 2018 14823 Views 0 comment Print

Under the RTI Act, disclosure of information is a norm and refusal an exception. In other words, information cannot be denied under the RTI Act unless exempted from disclosure in accordance with Sections 8, 9 and 11 only. Section 22 as mentioned above leads the way to making the fundamental right to information a reality by enforcing it by simply invoking the provisions of the RTI Act.

Assessment cannot be reopened (within 4 years) for oversight of a statutory provision by AO

October 5, 2018 2670 Views 0 comment Print

PCIT Vs Inarco Limited (Bombay High Court) The grievance of the Revenue before us is that the Assessing Officer omitted to consider Section 50C of the Act while passing the order dated 26.12.2007 under Section 143(3) of the Act. Thus, it is submitted that the re­opening notice dated 11.3.2010 is valid in law. In this […]

Assessment U/s. 153C invalid if No satisfaction recorded in case of other person, i.e. assessee

October 5, 2018 4056 Views 0 comment Print

PCIT Vs N.S. Software (Firm) (Delhi High Court) It is now a settled proposition of law that even if AO for the person from whose premises documents were seized is the same as the AO for the person to whom  document belonged, separate satisfaction notes must be recorded. In the instant case, the AO’s note […]

Section 140(1) & Rule 117 prescribing time limit to file GST TRAN-1 are constitutional: HC

October 5, 2018 11847 Views 0 comment Print

Willowood Chemicals Pvt. Ltd. Vs Union of India (Gujarat High Court) Issues Before High Court (i) On account of technical glitches in the Government portal, despite efforts made by the petitioners for filing the declaration electronically, the same could not be done within extended time for no fault of the petitioners. Thus, the tax credit […]

STT Rate on derivative contract settled by physical delivery of shares

October 4, 2018 1350 Views 0 comment Print

Association of National Exchanges Members of India Vs SEBI (Bombay High Court) CBDT has clarified that where a derivative contract is being settled by physical delivery of shares, the transaction would not be any different from transaction in equity share where the contract is settled by actual delivery or transfer of shares. It further states […]

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