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HC found 41 questions/answers out of 100 wrongly framed

November 15, 2019 5628 Views 0 comment Print

Kumar Saurav Vs State of Chhattisgarh (Chhattisgarh  High Court) Out of 100 questions, as much as 41 questions/answers have wrongly been framed. Re-examination ordered. Carelessness will always have a price. Considering the degree and percentage of defects in the question papers which according to this Court as much as 41 wrong questions/answers have been found […]

No denial of drawback claim though processing was carried out at 100% EOU

November 15, 2019 2583 Views 0 comment Print

Claim of drawback of excise and customs duties paid on the raw materials used in manufacturing could not be denied merely because some processes in the chain of manufacturing had been conducted in the premise of EOU/unit of EPZ, if the assessee was otherwise entitled to the benefit.

CA/ Advocates should not be arrested merely for filing Tax return(s)

November 15, 2019 17796 Views 0 comment Print

Similarly, arrest of Chartered Accountant or Advocates who had filed returns or otherwise assisted in business but are not beneficiary or part of fraud merely on the basis of statement without any corroborative evidence linking the professional with alleged offence should be avoided. It is well known that if top brass of a running concern is arrested, there are all possibilities of closure of unit which results into unemployment and wastage of precious natural resources.

No interest demandable for delay in GST credit to Govt Account

November 14, 2019 12024 Views 0 comment Print

Messrs Vishnu Aroma Pouching Pvt. Ltd. Vs Union of India (Gujarat High Court) In this case petitioner had duly discharged the tax liability of August, 2017 within the period prescribed therefor; however, it was only on account of technical glitches in the System that the amount of tax paid by the petitioner for August 2017 […]

Background Material on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

November 14, 2019 1290 Views 0 comment Print

Goods & Services Tax (GST) introduced in India on 1st July, 2017, subsumes seventeen tax legislations including various central legislations. The Hon’ble Union Finance Minister announced a dispute resolution cum amnesty scheme called “the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” in the Union Budget 2019-20 for resolution and settlement of legacy cases of Central […]

HC allows Manual Rectification of Form GSTR-1

November 14, 2019 2412 Views 0 comment Print

Subject to final outcome of the writ petition, we permit the petitioner to rectify the return in GSTR 1 Form for the period November, 2017  in respect of the six recipients noted in the tabulation hereinabove, by correcting their GSTIN Nos.

Approval to issue Section 148 notice has to be given by JCIT & not by PCIT

November 14, 2019 3840 Views 0 comment Print

In the present case the Chief Commissioner of Income tax is not the officer specified in section 151 of the Act. There is thus a breach of requirement of section 151(2) of the Act regarding sanction for issuance of notice under section 148 of the Act. Consequently, the impugned notice and the impugned order cannot be sustained in law. The Petitioner, therefore, is entitled to succeed.

Section 11(4A) needs to be satisfied to avail Section 11 exemption: HC

November 13, 2019 6618 Views 0 comment Print

In order to decide whether the assessee is entitled to the benefit of the exemption under Section 11, it is necessary for the Tribunal to determine whether it satisfy the requirement of Section 11 (4A).

Open GST Portal to allow Form TRAN-1 filing electronically or Accept Manually: HC

November 13, 2019 1482 Views 0 comment Print

The factual position in the present case is not any different and thus, we allow the present petition and direct the respondents to either open the online portal so as to enable the petitioner to file the Form TRAN-1 electronically, or to accept the same manually on or before 20.11.2019.

Date of serving of order if assessee opts out of e-proceeding is date of Manual Service

November 13, 2019 5205 Views 0 comment Print

FCI OEN Connectors Limited Vs DCIT (Kerala High Court) e-proceeding facility that was introduced as part of the Government initiative towards e-Governance, in the Income Tax Department, was not made mandatory for proceedings initiated against assessees in Kochi city. Save for the assessees in the seven metro cities specified, of which Kochi is not one, […]

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