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All High Courts

Seized Vehicle along with Goods released on satisfaction of Rule 140 Requirement

January 9, 2020 1215 Views 0 comment Print

AK Overseas Vs. State of U.P. & Ors. (Allahabad High Court) The Petitioner has filed the writ petition to release the seized goods which are seized under Rule 140 of the Central Goods and Services Rules, 2017. High Court states that, in case the petitioner fulfills the requirement of Rule 140 together with its explanation, […]

Vehicle Seized with Goods Released on complying CGST Rule 140

January 9, 2020 1935 Views 0 comment Print

High Court states that if the petitioner fulfills the requirement of Rule 140 together with its explanation, Authorised GST officer will release his vehicle along with the goods within period of one week.

HC justifies addition of interest related to transaction with related party done with intention of deliberate tax evasion

January 8, 2020 930 Views 0 comment Print

It has also been held that the appellant has deliberately created an artificial and colourable devise for reducing its income offered for taxation through an arrangement of letter of credit and thus, the deduction claimed by the assessee on account of interest paid to the bank and also to its creditors are not allowable.

Circular cannot override Supreme Court/High Court Judgment

January 8, 2020 14658 Views 0 comment Print

Kuthannur Service Co-Operative Bank Limited Vs. ITO (Kerala High Court) The grievance of the appellants is that, though the orders passed by the Tribunal are in their favour, the Tribunal has not considered the effect of Circular No. 133/6 of 2007 dated 09.05.2007 issued by the Central Board of Direct Taxes. In this circular, it […]

Validity of Section 16(2)(c) of the CGST Act/WBGST Act

January 8, 2020 13830 Views 1 comment Print

On the second issue in the petition, it was stated that in the absence of any finding about petitioners mala fide intention, connivance or wrongful association with the suppliers, no liability can be imposed on it on the principle of vicarious liability on account of fraudulent conduct of the suppliers, who have obtained registration on the basis of fictitious documents.

Power to Pass Provisional Attachments Order under GST can’t be delegated to Assistant Commissioner

January 8, 2020 1884 Views 0 comment Print

Commissioner ought not to have delegated his powers of provisional attachment of the immovable property under Section 83 to the Assistant Commissioner, therefore, the order of provisional attachment passed by the Assistant Commissioner was hereby quashed and set aside.

Bogus purchases- Entire Purchase amount cannot be disallowed

January 8, 2020 2307 Views 0 comment Print

Even if the purchases made from the parties in question are to be treated as bogus, it does not necessarily mean that entire amount should be disallowed and that no benefit should be given to the Respondent-Assessee.

HC directs Nodal Officer to consider form TRAN-I rectification request

January 7, 2020 834 Views 0 comment Print

Beauty Wares Vs Assistant Commissioner of CT & CE (Madras High Court) The petitioner has filed the writ petition for a mandamus to permit him to avail credit on the closing stock of input footwear available by rectifying Trans-I filed by them earlier. After considering the decision of Punjab and Haryana High Court held in […]

AAR does not have jurisdiction to go beyond issues referred: HC

January 7, 2020 2466 Views 0 comment Print

Abbott Healthcare Private Limited Vs Commissioner of State Tax Kerala (Kerala High Court) Authority for Advance Rulings does not have jurisdiction to go beyond issues referred It is the case of the petitioner that as per the business model operated by it in the State of Kerala, it places its diagnostic instruments at the premises […]

Order passed by AO against directions issued by Tribunal is not sustainable in law

January 7, 2020 5787 Views 0 comment Print

Engineering Professional Co. Pvt. Ltd. Vs DCIT (Gujarat High Court) In the given case, Assessee has filed appeal before ITAT against the order passed by the A.O. u/s 44AD. With respect to that appeal ITAT passed the order and state that “the Assessee is directed to attend the assessment proceedings and justify its claim of […]

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