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All High Courts

Seriousness of offence alone not conclusive for grant of bail

November 21, 2022 1062 Views 0 comment Print

Allahabad High Court held that granted the bail in GST evasion case observing that the seriousness of the offences alone is not conclusive of the applicant’s entitlement to bail

Pendency and not validity of appeal is required under Vivad Se Vishwas Scheme

November 21, 2022 1950 Views 0 comment Print

Delhi High Court held that Vivad Se Vishwas Scheme requires that the appeal should be pending and hence there is no need to introduce the quantification that the appeal should be valid or competent.

Donation to institutions not listed in Schedule (VII) of Companies Act not deductible as CSR expenditure

November 21, 2022 1119 Views 0 comment Print

Delhi High Court held that donations to institutions other than the one enlisted in Schedule (VII) of the Companies Act, 2013 is not deductible as Corporate Social Responsibility.

HC allows writ subject to payment of costs of Rs. 1,00,000

November 21, 2022 942 Views 0 comment Print

Simplex Infrastructures Ltd. Vs Joint Commissioner of Central Tax (Karnataka High Court) In the usual course if the assessee knocks the doors of the Writ Court without exhausting the alternative remedy of appeal available under the Act, no exception can be found with the Writ Court in rejecting the writ petition as not maintainable, but […]

GST @18% is leviable on alcoholic liquor for human consumption

November 21, 2022 8187 Views 0 comment Print

Andhra Pradesh High Court held that alcoholic liquor for human consumption doesnt constitute food/ food product falling within Chapter 1 to 22 and hence liable to tax @ 18% in terms of notification no. 6/2021- Central Tax (Rate) dated 30.09.2021

Explanation of nature of dispute not required in notice issued u/s 21 of Arbitration and Conciliation Act

November 21, 2022 1488 Views 0 comment Print

Gujarat High Court held that notice invoking arbitration clause issued under section 21 of the Arbitration and Conciliation Act, 1996 doesn’t require that the nature of dispute has to be enumerated or explained in the notice.

Genuineness of transaction examined during regular assessment cannot be base for reassessment

November 21, 2022 723 Views 0 comment Print

Gujarat High Court held that details relating to share application money from the four entities was supplied by the assessee during regular assessment and AO was satisfied with the genuineness of the same Hence reopening the assessment doubting the same entries on the basis of change of opinion is unsustainable.

No concealment penalty if expense claimed twice reversed in subsequent year

November 21, 2022 558 Views 0 comment Print

It is not in dispute that the assessee accounted for provision of interest twice by mistake and on realising such mistake, necessary rectification entries were passed in the subsequent year and the same was offered as income.

Section 54F: Consideration is when assessee has completed residential house & not merely time of payments

November 21, 2022 1263 Views 0 comment Print

Bindu Premanandh Vs ADVS (Kerala High Court) CIT (Appeals) has not noted all the sequential events in the explanation given by the assessee. But has arrived at a quick finding for extending the relief under Section 54F of the Act. Turning to the findings of the Tribunal, we are of the view that the Tribunal […]

Final GST Audit Report to be issued after considering Assessee’s Reply

November 19, 2022 26751 Views 1 comment Print

HC ruled that, the final GST Audit Report shall be issued only after considering the reply filed by the assessee, and thereby allowed the Petitioner, M/s. Simon India Ltd. to file the reply under section 65(4) of the Orissa Goods and Services Tax Act, 2017 after department filed draft and final GST audit report on same day.

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