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GST on Mining under HC Scanner

December 9, 2020 1611 Views 0 comment Print

Mahadev Enclave Pvt Ltd Vs. Union Of India And Ors (High Court of Punjab & Haryana) Punjab & Haryana HC issued notice of motion on plea challenging validity of levy of tax on the payment of royalty made to the Govt. of Punjab for mineral rights under reverse charge mechanism The petitioner, M/s Mahadev Enclave […]

Expenditure on R&D for manufacture of aircrafts to be sold allowable U/s. 37

December 9, 2020 648 Views 0 comment Print

The fact that a certain payment constitutes income or capital receipt in the hands of the recipient is not material in determining whether the payment is revenue or capital disbursement qua the payer. It has further been held that whether a transaction is capital expenditure would have to be determined having regard to the nature of the transaction and other relevant factors.

Section 115JB is applicable to insurance companies with effect from 01.04.2003

December 8, 2020 1404 Views 0 comment Print

CIT Vs United India Insurance Company (Madras High Court) Since the provision has been made applicable to the Insurance companies as well with effect from 01.04.2003, the Tribunal has to decide the issue on merits for the assessment year 2013-2014 and decide as to whether the assessing officer was right in computing dis-allowance reserved for […]

Petition cannot be filed before HC when alternate remedy exists merely for necessity of pre-deposit for Appeal

December 8, 2020 1662 Views 0 comment Print

Raju Laxman Pachhapure Vs Union of India (Bombay High Court) In this case Appellant submits that although there is a statutory remedy of appeal available against the order and though the petitioners are desirous of filing the same but because a pre-deposit would be necessary for filing an appeal which would be burdensome on the […]

HC imposes cost of Rs. 3 Lakh on taxpayer for dismissing dept. order passed without sufficient opportunity

December 8, 2020 738 Views 0 comment Print

Tvl.G. Sankar Timber Depot Vs The State Tax Officer (Madras High Court) Admittedly, the show cause notices were issued on 03.08.2020 and the impugned assessment orders have been issued on 31.10.2020, within a short period of three months. When the petitioner has been seeking for sufficient time for sending a detailed reply and that too when […]

HC grants Relief under SVLDR Scheme to Saksham Facility Services Private Limited

December 8, 2020 717 Views 0 comment Print

Designated Committee was directed to consider afresh the declaration of assessee under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019  as a valid declaration and grant the consequential relief after giving due opportunity of hearing to assessee.

Penalty cannot be imposed for merely treating capital asset as Agricultural Land

December 8, 2020 1065 Views 0 comment Print

Shri Babuji Jacob Vs ITO (Madras High Court) Admittedly, all the amounts were received by the assessee through banking channels and he had mentioned about the same in his return of income. The only mistake done by the assessee was to treat both the lands as agricultural lands. Once the notice under Section 143(3) of […]

No declaration can be made for excisable goods-Kerosene Oil under SVLDRS scheme

December 8, 2020 1290 Views 1 comment Print

Assessee was not eligible to make a declaration under the ‘Sabka Vishwas Scheme’ with respect to Superior Kerosene Oil (SKO) as S.K.O. was an excisable goods set forth in the Fourth Schedule to the Act, 1944 and section 125(1)(h) of the Act 2019/ ‘Sabka Vishwas Scheme’ had specifically excluded persons seeking to make declarations with respect to excisable goods set forth in the Fourth Schedule to the Central Excise Act, 1944. 

Search justified on failure of Assessee to furnish details of contents of locker

December 7, 2020 1206 Views 0 comment Print

Shilpa Chowdhary Vs Principal Director of Income Tax (Investigation) (Delhi High Court); It is it is revealed that Mr. Vikas Chowdhary denied having any bank locker. Shilpa Chowdhary, while admitting the existence of the locker, did not give any information relating to its contents. Therefore, there was indeed material with the concerned authority to form […]

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under CGST Act

December 7, 2020 1410 Views 0 comment Print

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under GST Law and it is well settled that whenever a manner is prescribed, it should be done in that manner alone.

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