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SCN issued invoking Section 73 is not tenable if no willful mis-statement or suppression of facts by taxpayer

January 16, 2020 5568 Views 0 comment Print

Linde Engineering India Pvt. Ltd. & Ors. Vs Union of India (Gujarat High Court) Rule 6A of the Service Tax Rules, 1994 provides that services rendered would be treated as ‘Export of services’ when clause (a) to clause (d) refers to provider of service is located in the taxable territory and recipient of service is […]

Within what time U.P. GSTAT would be constituted: Allahabad HC Ask

January 16, 2020 801 Views 0 comment Print

In the present case a provision has been made in Section 109 for creation of the GST, Appellate Tribunal, but the reasons best known to the respondents only for the State of U.P. said Appellate Tribunal has not been constituted.

Mere Outstanding loan in books cannot be reason for reopening of assessment

January 15, 2020 792 Views 0 comment Print

In the given case, the Petitioner who is a regular income tax assessee filed her return of income for the AY 2011-12. The Assessing Officer issued under section 133(6) of the Act, called for certain information from the assessee.

ITC cannot be denied for not having evidence of efforts made to submit GST TRAN-1

January 14, 2020 1719 Views 0 comment Print

SRC Aviation (P) Ltd. Vs Union of India & Ors. (Delhi High Court) it may be noted that as per Notification No. 49/2019 dated 09.10.2019 issued by CBIC, the date prescribed for filing of Form GST TRAN-1 under Rule 117 (1A) of the CGST Rules has been extended to 31.12.2019. This itself demonstrates that the […]

HC directs dept to consider petitioners claim for benefit under SVDLRS under Arrears Category

January 14, 2020 960 Views 0 comment Print

Ramesh Electricals Vs Union of India (Karnataka High Court) Petitioners are invoking the writ jurisdiction of this Court, in substance for a direction to the respondents to permit them to avail the benefit in the ‘Arrears Category’ of SAB KA VISHWAS (LEGACY DISPUTE RESOLUTION) Scheme 2019. The apprehension of the petitioners that their claim under […]

GST order not valid if passed without opportunity of hearing to assessee

January 14, 2020 1875 Views 0 comment Print

HC find that the order dated 26.09.2018 to be not assigning any reasons whatsoever. Also, HC noticed that prior to passing of the impugned order, no opportunity of hearing was ever afforded to the writ-petitioner. As such, there was gross violation of principles of natural justice in passing of the impugned order.

Gift Received from Brother-in-Law is Exempt under section 56(2)

January 13, 2020 3495 Views 0 comment Print

PCIT Vs Arvind N Nopany (Gujarat High Court) The issue under consideration is whether the gift received from Brother-in-law is exempt u/s 56(2) of I T Act? High Court states that, the tribunal took into consideration the details of the donor, more particularly, the PAN number, capital gain statement, bank statements and the other relevant […]

Reopening of Assessment after 4 years only if some new Tangible material

January 13, 2020 1755 Views 0 comment Print

Arun Munshaw HUF Vs ITO (Gujarat High Court) Thus, having regard to the position of law and the materials emerging from the record of the case, it cannot be said that there was no full and true disclosure at the end of the assessee of the material facts. In such circumstances, it could be said […]

Commission paid for referring names of potential customers is allowable

January 13, 2020 1386 Views 0 comment Print

It is a settled principle of law that commission paid to persons for referring names of customers is allowable u/s. 37 of the Act for introducing potential customers to the assessee falls within the ambit of service.

HC explains meaning of shell companies; Without hearing a company cannot be declared as shell company

January 13, 2020 7728 Views 0 comment Print

Assam Company India Ltd. and Anr. Vs Union of India (Gauhati High Court) What can be deduced is that though a shell company is defined in other jurisdictions, in India there is no statutory definition of a shell company. However, in popular parlance as well as from the perspective of the Government and its agencies, […]

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