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GST: Collecting post-dated cheques under coercion during raid

May 16, 2018 2076 Views 0 comment Print

Petitioner No.1 is a company registered under the Companies Act. Petitioner No.2 is one of its share holders. Petitioner-company is engaged in supply of wheat flour, meslin flour, cereal flour etc. Such activity would invite SGST and CGST at prescribed rates. However, even this is a matter of dispute between the two sides.

Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

May 16, 2018 3048 Views 0 comment Print

A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c).

GST: Good detained cannot be released unless security equal to Tax amount demanded is furnished

May 15, 2018 1065 Views 0 comment Print

Division Bench of this Court has already found that the goods detained under a detention notice issued in terms of the CGST/SGST Act cannot be released unless a security equal to the amount demanded is insisted from the assessee

Goods detained under GST cannot be released on simple bond: HC

May 15, 2018 1350 Views 0 comment Print

The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules.

GST appeal should not be dismissed for delay if No Appellate Authority constituted

May 14, 2018 2148 Views 0 comment Print

As petitioner could not file appeal earlier because of non-constitution of the Appellate Authority, which has now been appointed vide notification dated April 19, 2018, the appeal filed by the appellant shall not be dismissed only on account of delay.

Addition U/s. 68 for Capital contribution to firm by partner

May 13, 2018 5289 Views 0 comment Print

Gujarat High Court rules partnership firm discharged onus under Section 68 by identifying partner & confirming contribution; creditworthiness inquiry is on partner.

Re-Assessment notice after 4 years without Approval of CIT or CCIT is Invalid: Delhi HC

May 13, 2018 2073 Views 0 comment Print

1. Whether ITAT was correct in law in holding that the notice issued by the Assessing Officer u/s 148 of the Act beyond the 04 years after the end of relevant assessment year was bad in law as the necessary approval of Chief Commissioner or Commissioner of Income Tax as per the provisions of Section 151 (1) of the Act had not been obtained by the Assessing Officer

Provisions of DTAA prevails over Section 206AA : Delhi High Court

May 13, 2018 5580 Views 1 comment Print

The Delhi High Court, while hearing the writ petition of DANISCO India Private Limited, has read down the provisions of section 206AA of the Income Tax Act, 1961 which mandates deduction of tax at source (TDS) at twenty percent on payments to non-residents since the provision of DTAA would prevail over the said provision.

Mere Voluntary Surrender of Income not absolves assesse from Penalty: Delhi HC

May 13, 2018 1572 Views 0 comment Print

A division bench of the Delhi High Court, last day held that mere voluntary surrender of income without disclosing its source cannot rescue assessee from facing penal consequences under the Income Tax Act.

Margins derived on export of parts to AE are not comparable with margins derived from sales in domestic market

May 13, 2018 762 Views 0 comment Print

Margins derived on export of parts to AE are not comparable with the margins derived from sales made in the domestic market. Besides, on facts, it was also found that not only the parts and finished goods are not comparable, but the class of customers to whom they sold is also different.

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