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No condonation for non-information of order by Ex-Staff

May 13, 2019 903 Views 0 comment Print

Vama Apparels (India) Pvt Ltd Vs ACIT  (Bombay High Court) Where assessee filed appeal before High Court with a delay of 507 days and sought condonation of delay stating that ex-employee of assessee who received order of Tribunal put it in his drawer and left company without informing anybody about such orders and it was […]

No Penalty for mere rejection of Sec 54F claim against tenancy right Sale

May 13, 2019 1104 Views 0 comment Print

The dispute between the Assessee and the Revenue was with reference to actual payment for purchase of the flat and whether when the Assessee had purchased one more flat, though contagious, could the Assessee claim exemption under Section 54F of the Act.

IGST Refund cannot be denied on account of Technical Glitches

May 12, 2019 4677 Views 0 comment Print

Vsg Exports Pvt Ltd Vs. Commissioner of Customs (Madras High Court) Facts Refund of Integrated Tax (IGST) paid on the goods exported out of India. Since the respondents did not refund the IGST amount, the Writ Petition was filed. According to the petitioner, they have claimed lower rate drawback as per Notification 131/2016(NT) , dated […]

Do not levy Penalty for GST system problem due to design limitation: HC

May 12, 2019 1635 Views 0 comment Print

Clix Capital Services (P.) Ltd. Vs Union of India (Delhi High Court) It is submitted by learned counsel for the petitioner that further to the previous directions, the Form GSTR-3B filed manually has since been processed and the notional demand in respect of Rs.16.80 crores has been reversed. It is submitted that in these circumstances, […]

Seizure notice issued to transporter is valid despite not being supplier of goods: HC

May 11, 2019 2091 Views 0 comment Print

Ashok Kumar Bhatia Vs State of U.P. (Allahabad High Court) Section 129 relates to ‘any person’ who transports any goods or stores any goods while they are “in transit” in contravention of the provisions of this Act or Rules made thereunder, all such goods and conveyance used as a means of transport for carrying the […]

HC allows filing of GSTR-3B without payment of GST

May 9, 2019 43065 Views 1 comment Print

Petitioner has submitted that there is no condition for making payment of tax as a pre-condition for filing return of Form GSTR-3B. It was submitted that in the absence of any such provision, the on- line system of the respondents which does not allow filing of returns without payment of tax liability admitted as per such returns is contrary to legal provisions. It was further submitted that if the petitioner is not able to file return in Form GSTR-3B by 20th April, 2019 the petitioner would be deprived of input tax credit.

S. 147 AO cannot proceed mechanically & on erroneous information supplied to him by investigation wing

May 8, 2019 2088 Views 0 comment Print

Akshar Builders and Developers Vs ACIT (Bombay High Court)  Even in a case where the return filed by the assessee is accepted without scrutiny, as per the settled law, the Assessing Officer can issue a notice of reopening of assessment provided he has reason to believe that income chargeable to tax has escaped assessment. The […]

Pre-Notice Consultation mandatory for Service Tax Demands above Rs. 50 Lakhs

May 8, 2019 10680 Views 0 comment Print

Delhi HC quashes show cause notice against Amadeus India Pvt. Ltd. Alleged non-payment of service tax. Master Circular compliance issue discussed.

Death-cum-retirement gratuity not payable until conclusion of departmental enquiry or judicial proceedings pending

May 8, 2019 11664 Views 0 comment Print

Shivagopal Vs State of U.P (Allahabad High Court) (i) A government employee is not entitled to death cum retiral gratuity unless the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal. (ii) The law as laid down in Jai Prakash (Supra) is the […]

No interest liability in case of Technical Glitch while filing GSTR 3B- Gujarat HC

May 7, 2019 8355 Views 0 comment Print

Vishnu Aroma Pouching Pvt Ltd Vs. Union Of India (Gujarat High Court) In a magic show, every spectator is well aware that magic does not exist but still at the end he is amazed and left in awe by the magician. The so called magic happens right infront of their eyes but unable to decode […]

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