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Powers of Tribunal to allow claim of assessee when such claim was raised for first time before it

May 18, 2019 1191 Views 0 comment Print

CIT Vs State Bank of India (Bombay High Court) Income Tax Appellate Tribunal (ITAT) has jurisdiction to examine a question of law, even though raised for the first time before the Tribunal, which arises from the facts as found by the authorities below and having a bearing on tax liability of assessee. Tribunal should not […]

AO should apply his mind while deciding application for stay of demand

May 18, 2019 3120 Views 0 comment Print

Turner General Entertainment Networks India Pvt. Ltd. Vs ITO (Delhi High Court) This Court is of the opinion that the AO had to necessarily apply his/her mind to the application for stay of demand and pass appropriate orders having regard to the extant directions and circulars including the memorandum of 29.02.2016. This in turn meant […]

Section 132- No Punishment under GST without Assessment: HC

May 18, 2019 12567 Views 0 comment Print

M/s. Jayachandran Alloys (P) Ltd. Vs Superintendent of GST and Central Excise (Madras High Court) In the present case, the Department does not dispute that action was intended or envisaged in the light of Section 132 of the CGST Act, the counter fairly stating that the provisions of Section 132 of the CGST Act were […]

HC release goods seized for alleged irregularities in documents

May 18, 2019 693 Views 0 comment Print

The goods of the petitioner were being carried from Delhi to Ghaziabad and have been seized on the basis of certain alleged irregularities found in the documents accompanying the goods.

Negotiable Instrument Act covers not only debt but also covers Later Liability

May 17, 2019 4539 Views 0 comment Print

Madan Tiwari Vs State of Chhattisgarh (Chhattisgarh High Court) Purport of the special law under the Negotiable Instruments Act is to ensure that the promise to pay is abided by the person so promising. The provision under Section 139 of the NI Act is that it shall be presumed that the holder of a cheque […]

HC orders release of goods being perishable on furnishing security by way of bond

May 17, 2019 1188 Views 0 comment Print

M/s. Neuvera Wellness Ventures Pvt Ltd Vs State of Gujarat (Gujarat High Court) The impugned order dated 2.4.2019 passed by the second respondent (Annexure-H to the petition) is hereby quashed and set aside. The matter is restored to the file of the second respondent who shall decide the same afresh in accordance with law after giving […]

Condonation of 253 days delay in filing appeal not allowed for demise of mother when business was going on

May 17, 2019 6057 Views 0 comment Print

Delay of 253 days in filing appeal before CIT(A) due to extraordinary situation such as facing of marital dispute by his daughter,  demise of the mother could not be considered when assessee was carrying on the commercial activities/business during the relevant period.

Rule of Merit cannot be compromised & obstructed by unreasonable time schedule for admission.

May 17, 2019 2649 Views 0 comment Print

Rajiv Pratap Singh Vs Guru Ghasidas Vishwavidyalaya (Chhattisgarh High Court) The Supreme Court in case of Asha v. Pt. B.D. Sharma University of Health Sciences and others (supra) has held that if the rule of merit is defeated by inefficiency, inaccuracy or improper method of admission, then it can be interfered and otherwise it would […]

Delhi HC restrains I-T dept from taking action Gautam Khaitan

May 17, 2019 463 Views 0 comment Print

Government cannot exercise powers under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, prior to statute itself coming into force.

Transitional ITC of VAT allowable, despite non availment of option to claim its refund under VAT law

May 17, 2019 11955 Views 0 comment Print

Once it is admitted that credit was available to the petitioner on the date of switch over from VAT regime to GST regime and once it is admitted that the petitioner may be entitled to make a claim for this credit in other modes, we think that the second respondent ought to have given a purposive interpretation to Section 140 of the Act read with Sections 16 to 21 of the Telangana GST Act As he has failed to do the same, the matter requires reconsideration.

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