Sponsored
    Follow Us:

All High Courts

Eligibility for higher rate of depreciation on Erection and installation of windmill

October 11, 2019 954 Views 0 comment Print

Pr. CIT Vs Mahalaxmi Infra Projects Ltd. (Bombay High Court) Windmill was erected in the area which required special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. Therefore, assessee was eligible for higher rate of depreciation on the civil construction, electric and other installations in […]

Detention of goods merely for handwritten & Photocopied transport receipt is Illegal

October 11, 2019 19947 Views 0 comment Print

In this case despite the fact that the petitioner had complied with the procedure for movement of goods as stipulated under the GST Acts, by the impugned order, the truck with the goods came to be detained/seized under section 129 of the GST Acts on the ground that the transport receipt was a photocopy and the details filled in the transport receipt were handwritten.

Proceedings for winding up pending before Company Court can be transferred to NCLT under IBC

October 10, 2019 6612 Views 0 comment Print

The statutory scheme found in Section 434(1)(c) clearly is that the proceedings for winding up pending before the Company Court could be transferred to the NCLT and there is no provision for transfer of proceedings from the NCLT to the Company Court.

Confiscation of conveyance & goods – Hearing / passing of speaking order mandatory

October 10, 2019 2628 Views 0 comment Print

Sitaram Roadways Vs State of Gujarat (Gujarat High Court) Observing that principles of natural justice were violated by the adjudicating authority, the Gujarat High Court has set aside the order of confiscation of conveyance and goods, earlier found to be not in possession of mandatory documents. The Court noted that petitioner was not afforded opportunity […]

Merely because a debt has not been repaid for over three years, would not automatically imply cessation of liability

October 10, 2019 1878 Views 0 comment Print

PCIT Vs Pukhraj S. Jain (Bombay High Court) It is well settled through series of judgements that merely because a debt has not been repaid for over three years, would not automatically imply cessation of liability. Exhaustion of period of limitation may prevent filing of recovery proceedings in a Court of law, nevertheless it cannot […]

Duty Free Shops at International Airport exempt from GST: HC

October 10, 2019 6162 Views 0 comment Print

Sandeep Patil Vs Union of India and Others (Bombay High Court) The impugned show cause notices allege that the goods imported by the petitioner from outside India into the special warehouse would constitute import of goods under the proviso to section 7(2) of the IGST Act, and thereby, liability of payment of tax under the […]

HC directs release of goods as appellant already paid tax & penalty

October 9, 2019 678 Views 0 comment Print

Siddhabali Stone Gallery Vs State of Gujarat (Gujarat High Court) Considering the documents placed on record which reveal that the petitioner had paid the integrated goods and services tax on the goods in question at the time of import thereof as well as the fact that after the conveyance came to be intercepted, the petitioner […]

Converting written play into dramas is not a commercial activity for section 12AA registration

October 9, 2019 477 Views 0 comment Print

CIT (E) Vs Kanakia Art Foundation (Bombay High Court) We have perused the objects of the trust with a special focus on the objects which the Commissioner has referred to for holding that they are not charitable in nature. The Commissioner has referred to clause (f) of the objects but reproduced only part of it […]

Unutilized amount in Capital Gain A/c can be withdrawn post Tax deduction

October 9, 2019 3978 Views 1 comment Print

If only a part of the amount deposited in the Capital Gains Account Scheme is utilized for the construction or purchase of a new asset within the specified time, income tax is chargeable on the unutilized amount.

GST system is still in a trial and error phase: Delhi High Court

October 8, 2019 3204 Views 1 comment Print

The Tyre Plaza Vs Union of India & Ors. (Delhi High Court) Learned counsel for the Petitioner points out that in the present case, the eligibility of the Petitioner to claim the input tax credit (ITC) has not been doubted by the Respondents. However, for no fault of the Petitioner, despite repeated attempts, it could […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031