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GST Order of Demand of Tax & Penalty should be passed after proper opportunity of hearing

August 17, 2019 1605 Views 0 comment Print

Kalpana Stores Vs State of Tripura & others (Tripura High Court) Under sub-section (1) of Section 129 thus the authorities enjoy the power of detention of goods in transit if it is found that the same is in contravention of the provisions of the Act or the rules. The detention can also be made of […]

Rule 8D not applies automatically on mere existence of mixed fund to disallowance u/s 14A

August 17, 2019 2040 Views 0 comment Print

Pr. CIT Vs Gujarat State Petronet Limited (Gujarat High Court) The language of Section 14A of the Act is plain and clear. Before invoking Rule 8D, the Assessing Officer is obliged to indicate that having regard to the accounts of the assessee, he is not satisfied with the correctness of the claim of the assessee […]

HC admits appeal against non-allowance by GST portal of Interest against ITC

August 17, 2019 1056 Views 0 comment Print

Learned counsel for the petitioner would submit that interest on the delayed payment has been levied, petitioner is entitled to adjust the same for input tax credit and can be paid in cash, however GST portal do not allow the same unless and until entire cash is paid.

Non receipt of consideration is no ground for lifting pre-deposit requirement

August 16, 2019 570 Views 0 comment Print

Smt. Kalpana Ashwin Shah Vs ACIT and Ors. (Bombay High Court) 1. The Petitioner has challenged the orders passed by the Assessing Officer as well as the Commissioner of Income Tax, requiring the Petitioner to deposit 20% of the disputed tax pending Appeal against the order of the assessment subject to which the remaining recovery […]

HC expains when an individual or a HUF can be treated as ‘not ordinarily resident’ in India

August 16, 2019 1275 Views 0 comment Print

Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in holding that the assessee was not an ordinary resident without appreciating that the amendment brought in Section 6(6) by the Finance Act, 2003 w.e.f. 1.4.2004 was clarificatory in nature and had to be given retrospective effect as communicated by the Circular No. 7 of 2003 issued by the CBDT?

Section 80G(5) Registration cannot be denied if CIT(E) was satisfied with objects / activities of assessee 

August 15, 2019 3705 Views 1 comment Print

Bharat Vikas Parishad Maharana Pratap Nyas Vs CIT (ITAT Delhi) After considering the rival submissions, we are of the view that Order under section 80G(5) denying approval to the assessee cannot be sustained in Law. It is not in dispute that assessee has been granted registration under section 12AA of the I.T. Act, 1961, by DIT […]

Section 264 Revision petition maintainable against Section 143(1) intimation

August 15, 2019 4890 Views 0 comment Print

M/s. EPCOS Electronic Components S. A. Vs Union of India (Delhi High Court) The next issue is whether the intimation under Section 143(1) of the Act was prejudicial to the interest of the Assessee. It must be noted here that although the tax calculated as payable in the return filed and accepted by the Department […]

HC refuses to entertain writ challenging mandatory Pre-Deposit requirement

August 15, 2019 1890 Views 0 comment Print

Faisal Ahmed Abdul Malik Javeri Vs Union of India (Bombay High Court) No doubt, there are certain decisions, in which it has been held that the provisions of Customs Act will not affect the powers of jurisdiction of this Court under Article 226 of the Constitution of India. There is absolutely no dispute as regards […]

Prosecution for tax evasion not sustainable if Penalty been deleted

August 14, 2019 2589 Views 0 comment Print

M/s System India Castings Vs Pr. CIT (Chhattisgarh High Court) It was mentioned that the assessee has preferred an Appeal against the penalty order before the CIT (Appeals), Raipur, which is pending for decision. When the CIT (Appeals) heard the appeal preferred by the assessee on merits, it reached to the conclusion that the petitioner […]

HC permits manual rectification of GSTR-3B

August 14, 2019 12816 Views 0 comment Print

M/s. Panduranga Stone Crushers Vs. Union of India (Andhra Pradesh: Amaravati) Petitioner is permitted to rectify GSTR-3B statements for the months of August and December, 2017 and January and February, 2018 manually subject to the outcome of the writ petition. It is made clear that if the petitioner submits a rectified statements for the above […]

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