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Reopening cannot be made to disallow Bogus Sales/ Purchases based on a Judgment

March 21, 2019 1662 Views 0 comment Print

Saurabh Suryakant Mehta Vs ITO (Bombay High Court) In the present case, the Assessing Officer had examined the material collected by the Sales Tax Department, prima facie suggesting that the assessee had indulged into bogus billing activities without actually carrying out the purchase and sale of the commodity. It is on this basis that the […]

Section 43B does not contemplate liability to pay service tax before actual receipt

March 21, 2019 1173 Views 1 comment Print

Pr. CIT Vs Tops Security Ltd. (Bombay High Court) Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence the liability to pay service tax into the Treasury will arise only upon the assessee receiving the funds and not otherwise. Thus the […]

Penalty U/s. 271B justified for submitting Bogus audit report to get bank loan

March 20, 2019 1797 Views 0 comment Print

 Where assessee, in order to get a bank loan, submitted a bogus audit report from CA and showed fake turnover in his return of income, imposition of penalty under section 271B for non-compliance of section 44AB was justified.

Validity of addition for share application money merely based on surmises not valid

March 20, 2019 759 Views 0 comment Print

Pr. CIT Vs Narang Construction & Finance (P) Ltd. (Delhi High Court)  The materials on record showed not mere superficial details like PAN, ROC, etc., but further facts relating to the bank accounts of the share applicants were also there. The share applicants were entering into proper commercial transactions and were not per se forged, bogus or […]

In case of Contract Sales Tax Liability pre GST implementation gets extended to GST afterwards

March 20, 2019 1197 Views 0 comment Print

Jilmon John Vs State of Kerala (Kerala High Court) I am of the considered view that, there is a stipulation contained under clause 44 of Ext.P1 that, the Sales Tax as per Rules from time to time is liable to be paid by the petitioner and the rates quoted for various items remain unaffected by […]

In absence of Reasons for invoking rule 8D Disallowance U/s. 14A not valid

March 20, 2019 1098 Views 0 comment Print

Pr. CIT Vs Moonstar Securities Trading & Finance Co. (P) Ltd. (Delhi High Court) In this case for both years, the assessee had offered amounts as disallowance claiming them to be expenditure for tax exempt income. The assessing officer merely proceeded to reject such amount as expenditure and straightaway applied rule 8D without adducing any […]

GST Appellate Authority cannot condone Delay beyond 30 Days: HC

March 20, 2019 6657 Views 1 comment Print

M/s Shanti Eat Udyog Surir Kala Tehsil Mant District Mathura Vs State of U.P. (Allahabad High Court) Admittedly, the period of limitation to file a first appeal under Section 107 of the U.P. Goods and Services Tax Rules, 2017 is three months and the period for which the delay may be condoned is thirty days […]

Section 80-IC deduction eligible on Additions for interest & bad debts

March 19, 2019 1956 Views 0 comment Print

Since assessee was held entitled to claim deduction of its profits at the rate of 100% in terms of section 80-IC, therefore, additions made towards interest and bad debts so made were also entitled to deduction under section 80-IC resulting in no addition to the taxable income of assessee.

Section 80P(4): To allow deduction AO can enquire into activities of assessee

March 19, 2019 2742 Views 0 comment Print

The Mavilayi Service Co-operative Bank Ltd Vs CIT (Kerala High Court) In view of the law laid down by the Apex Court in Citizen Co-operative Society v. Assistant Commissioner of Income Tax: AIR 2017 SC 5147, it cannot be contended that, while considering the claim made by an assessee society for deduction under Section 80P […]

Bogus ITC: HC rejects anticipatory bail for deliberate miscommunication

March 19, 2019 1764 Views 0 comment Print

Meghraj Moolchand Burad Vs Directorate General of GST (Intelligence) (Bombay High Court) The learned counsel appearing for the Investigating Agency has produced on record a letter dated 26.11.2018 addressed by Advocate on record of the applicant to the DGGI, Pune informing him that, the present matter was on board before this Court on 24.11.2018 at […]

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