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All High Courts

Period of limitation not applicable on service tax paid under mistaken notion

September 16, 2021 1329 Views 0 comment Print

Way2wealth Brokers Pvt. Ltd Vs Commissioner of Central Tax (Karnataka High Court) The circular dated 03.08.2011 issued by Central Board of Excise and Customs, New Delhi, clarifies that delayed payment charges received by stock brokers are not includible in taxable value as the same are not the charges for providing taxable services. Such charges are […]

Allahabad HC allows taxpayers to submit/revised TRAN 1/2 forms

September 15, 2021 3573 Views 0 comment Print

It was held that petitioners/’registered persons’ were unreasonably obstructed on account of technical glitches and errors on GST Portal during limited time they were required to submit/revise electronically, Form GST TRAN-1/TRAN-2 electronically and, therefore, a reasonable opportunity ought to have been granted to all ‘registered persons’/taxpayers to submit/revise/ re-revise electronically their Form GST TRAN-1/TRAN-2

Section 139 presumption of NI Act unsustainable if transaction not shown in Income Tax Return

September 15, 2021 16974 Views 1 comment Print

Even in the instant case the amount spent by the complainant was not shown in his income tax returns. As such, the trial Court had rightly held that it creates a doubt regarding the financial position of the appellant and if he really spent that much amount, there must be record for him for withdrawal of amount from his bank account and spending the same.

Calcutta HC directs CBDT to dispose Representation made U/s 194O

September 15, 2021 1773 Views 0 comment Print

Mjunction Services Ltd. Vs Union of India (Calcutta High Court) HC directs CBDT to dispose the representation made U/S 194O: A single judge bench of the Calcutta High court on hearing the writ petition filed by the Mjunction Services Ltd.directed the Central Board of Direct Taxes (CBDT) to consider and dispose the representation regarding section […]

Order passed without jurisdiction is invalid

September 15, 2021 5211 Views 0 comment Print

The main issue taken up by the appellant is that the notice issued under section 153C by the Deputy Commissioner of Income Tax (DCIT), Central Circle, Bengaluru are without jurisdiction and hence invalid thereby rendering all the subsequent proceedings void ab initio.

ITAT remands case back to AO- Reassessment based on change of opinion

September 15, 2021 2733 Views 0 comment Print

Magma HDI General Insurance Co. Ltd. Vs. ITO (Calcutta High Court) Mr. Dutta could not satisfy this Court about what new material of documents came into the possession of the Assessing Officer after the order of assessment under Section 143(3) of the Act, which were not produced by the assessee before the Assessing Officer in […]

HC allows release of good on furnishing of Bank Guarantee & surety bond

September 14, 2021 2331 Views 0 comment Print

Maruti Castings, Proprietor Nand Kumar Sharma Vs Union of India (Rajasthan High Court) Prima facie it cannot be said that in case of a registered person action only under Section 35(6) read with Section 73 or 74 of the Act can be taken and that Section 67 of the Act cannot be invoked, if the […]

HC directs Income Tax Dept to refund amounts collected in excess of 20% of disputed outstanding taxes

September 14, 2021 735 Views 0 comment Print

Religare Finvest Limited Vs DCIT (Delhi High Court) Learned counsel for the petitioner relies on the judgment dated 03rd August, 2021 passed by this Court in Eko India Financial Services Pvt Ltd vs. ACIT, WP(C) No.5819/2021 wherein under similar circumstances the Respondents were directed to refund the amounts collected in excess of 20% of the […]

Madras HC stays GST exemption on RWA contributions

September 14, 2021 10110 Views 0 comment Print

Madras High Court stays single-Judge ruling on GST exemption for RWA contributions upto ₹ 7,500. No exemption is applicable when the monthly contribution exceeds ₹ 7,500, the Centre told the Court.

No requirement of approval by DSIR authority in form No. 3CL prior to 01.07.2016

September 14, 2021 7401 Views 0 comment Print

DCIT Vs Force Motors Limited (ITAT Pune) The sole grievance of the Revenue in this appeal is with regard to deletion of the disallowance made by the Assessing Officer on account of excess deduction claimed by the assessee over and above the amount approved by the DSIR by holding that before Tenth Amendment Rule, 2010, […]

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