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Provision for wage arrears is an ascertained liability: HC

March 19, 2021 717 Views 0 comment Print

CIT Vs Metropolitan Transport Corporation (Chennai) Ltd. (Madras High Court) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct in holding that the provision for wage arrears of Rs.5.80 crores is an ascertained liability, notwithstanding the fact that the said provision has been accounted on cash […]

Statutory authority should not exercises its powers without determining jurisdiction in the matter

March 19, 2021 1008 Views 0 comment Print

BT (India) Private Limited Vs ITO (Delhi High Court) Having heard the learned counsel for the parties, according to us, if the statutory authority exercises its powers without determining whether or not it has jurisdiction in the matter, that itself, may, in certain cases, call for interference. The record shows that the application of AAR […]

HC allows GST Registration with effect from 1st July 2017

March 19, 2021 10323 Views 0 comment Print

JAP Modular Furniture Concepts Pvt. Ltd. Vs. State Of Gujarat (Gujarat High Court) In this case provisional GST registration of the writ applicants under the GST Act was also blocked / inactivated and final registration was not granted to the writ applicants under the GST Act on account of cancellation of registration under Vat. The […]

Refundable security deposit shown as a liability in books cannot be added to Income

March 18, 2021 4248 Views 0 comment Print

PCIT Vs Landbase India Ltd (Delhi High Court) Since the security deposit continues as a liability in the books of the assessee club, the assessing officer could not have added the same to the income of the assessee club. The tribunal has correctly, in our opinion, deleted the addition. FULL TEXT OF THE JUDGMENT/ORDER OF […]

Sanction of GST refund struck due to mismatch between GST & ICEGATE portal data: HC

March 18, 2021 2319 Views 0 comment Print

Certain errors were made while furnishing the details outward supplies in the Form GSTR-1 on account of which there was a mismatch between the GST portal data and data on the ICEGATE customs portal and hence, the refund of the IGST was not granted for the month of July, 2017.

HC Court set aside Statement in SVLDRS-3 issued without affording opportunity of hearing

March 18, 2021 885 Views 0 comment Print

Chinar Shipping & Infrastructure (India) Pvt. Ltd. Vs Union of India (Bombay High Court) It could not be out of place to refer to a decision of Karnataka High Court in the case of Kiran Borewells Vs. Union of India wherein the impugned order was set aside finding that decision had been taken without providing […]

Allow revision of GST TRAN- 1 Form electronically or manually: HC

March 18, 2021 960 Views 0 comment Print

Precision Gasification Services Pvt. Ltd. Vs Union Of India (Gujarat High Court) The respondents are directed to either open the online portal, so as to enable the writ applicants to again file rectified Form GST TRAN-1 electronically or accept the manually filed from the GST TRAN-1 with necessary corrections on, or before, 18.05.2021. FULL TEXT […]

Denial of ITC refund for technical glitches in GSTN software is unfair

March 18, 2021 9081 Views 1 comment Print

If the assessee was otherwise eligible to refund, the refund claim ought not to be denied on the ground of technical glitches and error occurred due to auto-population in Goods and Service Tax Network (GSTN) software. Nothing can be more unfair.

Mere issuance of scrutiny notice cannot stall the remittance of refund

March 18, 2021 1143 Views 0 comment Print

Ingenico International India Pvt. Ltd. Vs DCIT (Delhi High Court) A plain reading of Section 241A shows that the mere issuance of the scrutiny notice under Section 143 (2) of the Act cannot stall the remittance of refund to the assessee. The refund can only be stalled if the conditions stipulated in Section 241A of […]

HC instructs GST search team to ensure privacy

March 17, 2021 1029 Views 0 comment Print

If, in the interregnum, investigation is necessitated, in line with the circular dated 05.10.2018, it shall be carried out only by the Gautam Budh Nagar Commissionerate. The search officers will ensure that there is no invasion of privacy.

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