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Omission/ error in GSTR-1 cannot be rectified beyond period prescribed u/s 39(9) of CGST Act

November 16, 2022 8478 Views 0 comment Print

Telengana High Court held that statute has introduced limitation under section 39(9) of the Central Goods and Services Tax Act, 2017 to rectify omission/ error in GSTR-1 return and accordingly assessee cannot be permitted to carry out rectification beyond the statutorily prescribed period.

Forfeiture of property unsustainable in absence of nexus between income of detenue & acquisition of property

November 16, 2022 1422 Views 0 comment Print

Madras High Court held that order directing forfeiture of property u/s. 7 of the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is unsustainable as link or the nexus between the income of the detenue and the acquisition of the property is not established.

HC deletes addition for Foreign Exchange Fluctuation Earning not related to Business Activity

November 16, 2022 627 Views 0 comment Print

CIT Vs Hazira LNG Pvt Ltd (Gujarat High Court) CIT(A) recorded a finding that earning of the assessee from foreign exchange fluctuations was not in connection with its business activity. The finding was in the realm of appreciation of facts and material, therefore, is factual in nature. Such a finding came to be affirmed by […]

Exemption from payment of additional toll chargeable on capital goods imported for substantial expansion not available in 2006

November 15, 2022 510 Views 0 comment Print

Jammu Kashmir High Court held that the petitioner is not entitled to the benefit of exemption from payment of additional toll chargeable on capital goods imported by it for undertaking substantial expansion of its unit in the year 2006 as the benefit for the time was made available in the year 2008.

Attachment under Prevention of Money Laundering Act is outside the scope of moratorium under Insolvency and Bankruptcy Code

November 15, 2022 3324 Views 0 comment Print

Delhi High Court held that attachment under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA) does not result in the effacement of rights in property, it would clearly stand and survive outside the scope of a moratorium that comes into effect in terms of section 14 of Insolvency and Bankruptcy Code, 2006.

Purchase of business rights covered within meaning of ‘intangible asset’ is eligible for depreciation

November 15, 2022 1173 Views 0 comment Print

Delhi High Court held that the consideration for the purchase of marketing and business rights for a period of twenty years is capital in nature and constitutes an intangible asset within the meaning of section 32(1)(ii) of the Income Tax Act and therefore eligible to claim depreciation.

Framing of block assessment based on only statement recorded u/s 132(4) is unsustainable

November 15, 2022 1131 Views 0 comment Print

Delhi High Court held that AO is not empowered to frame block assessment merely on the basis of statement recorded u/s 132(4) without reference to any other material discovered during the search and seizure operations.

No section 11 tax exemption if educational institutions collects Capitation Fee: Madras HC

November 15, 2022 2607 Views 0 comment Print

The Honble Madras High Court observed that Juxtaposing the provisions of both the Acts viz., Income Tax Act, 1961 and the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992, with each other, it is explicit that collection of any amount in excess of what has been prescribed as fee or in the nature of donation or voluntary contribution either directly or indirectly to the institution or through some other person or institution or trust, as quid pro quo for the seat in any educational institution, would render the activity of both the entities ungenuine.

Any person aggrieved by decision can file an appeal under Section 107 of CGST Act, 2017

November 14, 2022 2055 Views 0 comment Print

Section 107 of CGST Act, 2017 makes it clear that any person aggrieved by any decision or order passed under Act may appeal to appellate authority within time limit prescribed in Statute.

Compassionate appointment application post several years from death of deceased employee is impermissible

November 14, 2022 2745 Views 0 comment Print

Madras High Court held that an application seeking compassionate appointment lapsed several years from the death of the deceased employee is not allowable

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