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HC: Powers of Commissioner can be delegated to Special & Additional Commissioner of State Tax under GST

February 4, 2020 4431 Views 0 comment Print

Commissioner is empowered to delegate his powers to the Special Commissioner or the Additional Commissioners of State Tax  and once the powers are delegated for the purpose of Section 69 of the Central Goods and Services Tax Act, 2017, the subjective satisfaction, or rather, the reasonable belief should be that of the delegated authority.

Consider representation to be filed for extension of GSTR9/9C due date: HC

February 4, 2020 2529 Views 0 comment Print

All India Federation Of Tax Practitioners Vs. Union of India (Gauhati High Court) This petition is disposed of however, binding the respondent Union of India to take a decision on the representation to be filed on behalf of the petitioners, within one week of its filing. The respondent would also address the issue of extending […]

Six months GST Return filing default for Cancellation of Registration

February 3, 2020 15963 Views 0 comment Print

Default in filing return for the period of six months should be existing both at time of issuance of notice and passing order for cancellation of the registration under Section 29(2)(c), sets aside the order cancelling the registration.

No Tax on Interest accrued on Govt grant received for construction of house for Police

February 3, 2020 2688 Views 0 comment Print

Income which accrued to the Assessee from the funds of the Government which were released to it were not diverted by it and could not be diverted by to any other purpose and had to be used only for the purposes which the Government directed and in case the funds were not used the Government had the right to recall them.

No TDS on export freight to shipping agent of non-resident

February 3, 2020 22101 Views 0 comment Print

In the given case, the respondent assessee has filed its return of income for the assessment year 2013-­14. The Principal Commissioner of Income Tax invoked power of revision under Section 263 of the Act, 1961 on the ground that without deducting TDS on the export freight, the assessee company had paid export freight to Inter Ocean Shipping and Logistic Services.

Section 69B addition merely based on confession statement recorded during search not sustainable

February 3, 2020 1686 Views 0 comment Print

PCIT Vs Nageshwar Enterprises (Gujarat High Court) A Co-ordinate Bench of this Court, in the case of Kailashben Manharlal Chokshi vs. Commissioner of Income-tax, 328 ITR 411, took the view that merely on the basis of admission, the assessee cannot be subjected to additions. The Co-ordinate Bench proceeded to observe that unless and until some […]

AAR can decide question of Place of Supply: Kerala HC

February 3, 2020 9423 Views 0 comment Print

In the instant case, it is true that the issue relating to determination of place supply as aforestated is not expressly enumerated in any of the clauses as per clauses (a) to (g) of Sec. 97(2) of the CGST Act, but there cannot be any two arguments that the said issue relating to determination of place of supply

Dismissing Appeal on Technical Grounds is per se illegal & improper: HC

February 3, 2020 4245 Views 0 comment Print

The case projected in this Writ Petition (Civil) are as follows: The petitioner is a primary agricultural credit society registered as per the provisions of the KCS Act. Ext.P-1 order was issued under Sec.271 B for the assessment year 2015-16 against the petitioner.

Interest on Borrowings for Acquisition of Capital Assets allowable u/s 36(1)(iii)

February 3, 2020 5922 Views 0 comment Print

The interest paid in respect of the borrowings for acquisition of capital assets is allowable under Section 36(1)(iii) of the Act regardless of the fact that the capital assets acquired were not put to use in the concerned financial year in question

Order permitting to file Form TRAN-1′ by extended date not amenable to review

February 3, 2020 453 Views 0 comment Print

Mahesh Steel Corporation Vs Union of India (Punjab and Haryana HC) FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT [1]  This common order shall dispose of the above-mentioned seven (07) Review Applications moved by the applicant-respondent(s) / UOI, as the same relate to identical issue / prayer. For the facility of reference, […]

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