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Tax on donation received by private discretionary trust from group companies 

March 14, 2021 3066 Views 0 comment Print

CIT Vs Shriram Ownership Trust (Madras High Court) As per the Deed of Trust and the Supplemental Deed, the trust is created to benefit the members of owner group and the senior leader group of Shriram Group who are identified as beneficiaries as per the scheme laid out in the Trust Deed. The method of […]

Section 54F deduction eligible on house property purchased in wife name

March 12, 2021 3072 Views 0 comment Print

We also hold that the assessee is eligible for deduction U/s 54F of the Act in respect of residential house property purchased in the name of his wife.

HC directs GST department to enable amendment to GSTR-1 by Appellant

March 12, 2021 4935 Views 0 comment Print

Pentacle Plant Machineries Pvt. Ltd. Vs Office of GST Council And Ors.  (Madras High Court) The petitioner seeks a mandamus directing the respondents to rectify the mistake in its GSTR-1 return, wherein it has, instead of the GST number of the purchaser in Andhra Pradesh, mentioned the GST number of the purchaser in Uttar Pradesh. […]

SVLDRS application cannot be rejected merely for initiation of enquiry after 30.06.2019

March 12, 2021 1161 Views 0 comment Print

New India Civil Erectors Private Limited Vs Union of India (Bombay High Court) A careful reading of the query and the answer given thereto would make it clear that if an enquiry or investigation or audit was initiated on or before 30.06.2019 then such a person would not be eligible to make a declaration under […]

Section 132(6) of CGST Act required only after conclusion of investigation under Criminal Law

March 12, 2021 2715 Views 0 comment Print

In present facts of the case, it was observed by Hon’ble High Court that Section 132(6) of CGST Act, would be required only after the conclusion of the investigation and at the stage of presentation of charge-sheet/final report under Section 173 Cr.P.C.

Karnataka HC guidelines for search & seizure of Electronic Devices

March 12, 2021 8733 Views 0 comment Print

Virendra Khanna Vs State of Karnataka (Karnataka High Court) In this case Karnataka High COurt answered following Questions- 1. Can a direction be issued to an accused to furnish the password, passcode or Biometrics in order to open the smartphone and/or email account? 2. Can a Court issue a suo moto order to the accused […]

Condonation of delay allowable if appeal by speed post was within limitation period & extended period expired on public holiday

March 12, 2021 4587 Views 0 comment Print

Dispatch of the appeal by assessee on 02.12.2019 was within the extended period of limitation of one month and, therefore, without considering the prayer for condonation of delay of assessee, respondent No.1 ought not to have rejected the appeal as being time barred by taking the ground that he had no jurisdiction to condone the delay beyond the extended limitation period of one month.

MEIS benefit cannot be denied for mere procedural lapse of declaration of intent on free shipping bill

March 12, 2021 2871 Views 0 comment Print

Inox India Pvt Ltd Vs. Union of India (Gujarat High Court) Conclusion:  Since on noticing that the declaration of intent on the shipping bill for claiming the benefit under the reward scheme was made mandatory w.e.f 01.06.2015 under the Foreign Trade Policy, 2015-20 or the Handbook of Procedure, 2015-20, therefore, there could be no exclusion […]

Bail Granted to accused arrested for availing ineligible ITC of Rs. 9 Crore

March 11, 2021 2832 Views 0 comment Print

The Hon’ble Bombay High Court in Sunil Kumar Jha and Akshay Chhabra v. Union of India & Ors. [Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021] granted bail to the accused arrested under Section 69 of the Central Goods and Services Tax Act, […]

GAAR cannot be invoked merely for being a party to tax avoidance, ‘participation’ is pre-requisite: South Africa HC

March 11, 2021 873 Views 0 comment Print

ABSA Bank Limited Vs Commissioner, South African Revenue Service (High Court of South Africa) FULL TEXT OF THE JUDGMENT/ORDER of SOUTH AFRICA HIGH COURT Introduction [1] The applicants, Absa Bank Ltd and its wholly owned subsidiary Absa Towers (Pty) Ltd hereafter referred to, collectively, as Absa, seek to review two decisions of the respondent, the […]

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