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HC Quashes Order of Commissioner of Customs freezing Bank A/c beyond 1 Year

September 8, 2020 2595 Views 0 comment Print

The issue under consideration is whether the freezing of the bank account of the petitioner was undertaken by the Deputy Commissioner (Customs) under the provisions of the Customs Act, 1962 is justified in law?

Revocation of Cancellation of GST Registration – HC found argument of erroneous exercise of jurisdiction untenable

September 7, 2020 6726 Views 0 comment Print

M.S. Retail Private Limited Vs Union Of India (Karnataka High Court) It is not in dispute that the show cause notices, the order of cancellation and the order rejecting the application for revocation of cancellation are passed by proper officer. The show cause notice dated 18.03.2020 and the order of cancellation of registration dated 06.06.2020 […]

Section 54F deduction cannot be denied for subsequent letting of property for commercial use

September 7, 2020 2283 Views 0 comment Print

The issue under consideration is whether deduction u/s 54F can be denied for the reason that assessee had later on let out new property for commercial purpose to run restaurant?

HC Allows Issuance of ‘C’ Forms against purchase of High Speed Diesel from Suppliers in Other States

September 7, 2020 3474 Views 0 comment Print

Difficulty in obtaining ‘C’ forms under the provisions of the Central Sales Tax Act, 1956 in order to avail concessional benefit of tax for purchase of High Speed Diesel from suppliers in other states.

Reopening of Assessment for mere Difference in Valuation Report Not Justified

September 7, 2020 2736 Views 0 comment Print

The issue under consideration is whether the issue of notice u/s 147 for re-opening of assessment on the basis of difference in valuation report is justified in law?

Cash expense disallowable U/s. 40A(3) if no sufficient cause

September 7, 2020 2079 Views 0 comment Print

Assessee couldn’t demonstrate with cogent evidences that there was business expediency or sufficient cause for such cash payment. Assessee failed to prove that the case was covered in the exception clause as provided under section 40A(3) read with Rule 6DD.

Section 80IA deduction allowed Transferred Machinery value not exceeds 20% of Total Value

September 5, 2020 1833 Views 0 comment Print

Tribunal in a detailed discussion contained in judgment, had rejected the contention of Revenue. Tribunal had taken into account the valuation of the existing machinery used at Daman and the valuation of the written down value of machinery transferred from Aurangabad to come to the conclusion that same did not exceed 20% of the total value of machinery. The entire issue was thus based on factual consideration and on appreciation of evidence on record. Thus, no question of law arose.

HC accepts WRIT on ITC blockage due to non-filing of GSTR 3B

September 4, 2020 3291 Views 0 comment Print

Kalpsutra Gujarat Vs Union of India (Gujarat High Court) HC issued notice to the department to understand from the respondents whether the omission on the part of the third party (Seller) in filing the GSTR-3B for the relevant period would be sufficient to block the Input Tax Credit of the writ applicant. We would also […]

HC denies bail in Rs. 2956 crore Fraud Case

September 4, 2020 945 Views 0 comment Print

Mukesh Tanwar Vs. State of Haryana (Punjab High court) As discussed above, investigation is still going on and out of total 31 accused, 10 are yet to be arrested and they are openly in league with the petitioner as well as other co-accused, who are in custody, while circulating the misleading information through social media […]

GST ITC Rejection through a non speaking order is bad in law

September 4, 2020 4185 Views 0 comment Print

In the present case, the petitioner had made an application for refund under Section 54 of the Act and when the respondent had issued notice to them for rejection of the ineligible goods and services of SGST, CGST and IGST, they have given a detailed reply, objecting to the All these objections were required to be dealt with by the authority, before taking a final call, which is conspicuously absent.

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