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HC allows filing of TRAN-1 to appellant to allow him avail un-utilized ITC

December 16, 2019 2727 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GST-3B Forms to be filed for the month of January,2020 either electronically or manually.

Give TDS credit despite failure of deductor to upload correct details in Form 26A: SC

December 16, 2019 3789 Views 0 comment Print

Bombay HC  held that in case, the deductor has failed to upheld the correct details in form 26­AS the benefit should be given  to  the  assesssee  on  the  basis  of  evidence  produced  before  the Department.

Loss of stock on account of fire at business place is allowable

December 16, 2019 3006 Views 0 comment Print

P.H. Kumar & Co. Vs ITO (Delhi High Court) Court is of the view that the plea of the Assessee ought to have been accepted in the first instance by the AO. The Assessee placed on record the agreement under which it was obliged to bear the loss for shortage of stock. The Assessee also […]

No Violation of section 13(3)- Interest-free loan advanced to other charitable trusts

December 16, 2019 17661 Views 0 comment Print

It defies logic as to why such donations cannot be permitted out of 15% accumulation permitted under Section 11(1)(a) itself. There is however rationale for imposing the restriction as contained in the explanation to accumulations in excess of 15%.

Allow petitioner to claim ITC in TRAN-I or in GSTR-3B Form: HC

December 16, 2019 1152 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GSTR-3B Forms to be filed for the month of January, 2020 either electronically or manually.

Date of Order of CIT(A) is Relevant Date to determine Limitation u/s 150

December 16, 2019 4569 Views 0 comment Print

Intec Corporation Vs. ACIT (Delhi High Court) Plain reading of Section 150 reveals that it deals with a situation where an assessment or re-assessment for a particular year or for a particular person is necessitated by an order passed by appellate or revisional authority or on a reference. In such cases, it may not be […]

HC denies Bail to person accused of issuing Fake GST Invoices

December 16, 2019 1194 Views 0 comment Print

It is further contended that petitioner is involved in using data of individuals for creating fake firms to claim Input Tax Credit. It is contended that statement of accountant and brother of petitioner has been recorded, they have also stated that present petitioner was involved in creating fake firm under GST. Considering the contentions put forth by counsel for the Union of India, I am not inclined to allow the bail application.

Kerala HC allows filing of TRAN-1- Considers wrong GST Council press release

December 13, 2019 930 Views 0 comment Print

A.F. Babu Vs Union of India (Kerala High Court) While it is a fact that the petitioners did not make an attempt to log into the system before 27.12.2017, the cut-off date prescribed by the respondents for uploading the TRAN-1 Form to the web portal, I find that the petitioners were guided by a press […]

Milk chilling and packing service exempt from GST- TRU Circular invalid- HC

December 13, 2019 16719 Views 0 comment Print

It is hereby held that milk chilling and packing service provided by the contractors to the petitioners are exempted by virtue of Serial No.24 of the table to Notification No.11/2017 – Central Tax (Rate) dated 28.6.2017.

GST system limitations cannot be a justification to deny relief: HC

December 12, 2019 9798 Views 0 comment Print

Vision Distribution Pvt. Ltd. Vs Commisioner, State Goods & Services Tax & Ors. (Delhi High Court) Coming Heavily on GST Department/GSTN Delhi High Court held that The business activity in the country could not be expected to come to a standstill, only to await the Respondents making the GST system workable. The failure of the […]

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