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Prepaid Sim Card: Unutilized talk time not accrue in the year of sale

February 23, 2019 1137 Views 0 comment Print

Income on sale of prepaid cards to the extent of unutilized talk time did not accrue as income in the year of sale. If assessee had failed to perform the services as promised, it would be liable and under an obligation to refund the advance payment received under the ordinary law of contract or special enactments, like the Consumer Protection Act.

Only Advocates are authorized to plead and argue on behalf of litigants before court of law

February 21, 2019 10128 Views 1 comment Print

Only a special class of persons, namely, Advocates enrolled under The Advocates Act, 1961, have been authorised to plead and argue before a court of law, thus, any other person authorized or a recognized agent can do ‘other than pleading’.

HC order Release of Goods as Sale Transaction not attained Finality

February 20, 2019 735 Views 0 comment Print

Sunaiba Industries Vs State of U.P. (Allahabad High Court) The petitioner is the selling dealer of the goods. The goods were being transported from Delhi to Kanpur in 30 builties. Only on account of improper invoice in respect of some of the builites, the goods have been seized and directed to be released on furnishing […]

HC disposes petition as same was appealable under Punjab GST Act, 2017

February 20, 2019 570 Views 0 comment Print

It was stated by learned counsel for the State that the goods have been released and the amount of tax and penalty has been deposited  by the petitioner. It was further stated that the impugned order is appealable under Section 107 of Punjab General Goods and Service Tax Act, 2017.

Valuation of stamp authority cannot be adopted in case of long gap between date of MOU execution and formal development agreement

February 19, 2019 1200 Views 0 comment Print

PCIT Vs Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court) From the record, it can thus be seen that there were two significant factors why the CIT(A) and the Tribunal did not adopt the valuation of the stamp authority for the purpose ofcollecting capital gain tax in the hands of the […]

Addition based on seized document related to year different than notice issued U/s. 153C not valid

February 19, 2019 801 Views 0 comment Print

Addition made under section 68 consequent to notice issued under section 153C was deleted because the AO had initiated assessment proceedings under section 153C for the relevant assessment years without pointing out or referring to any seized document belonging to those years and, therefore, there was no prima facierationale or logic behind issuing the said notice.

Section 153A Assessment -Incriminating material whether necessarily be discovered?

February 19, 2019 2667 Views 0 comment Print

After issuing notice under section 153A revenue can carry out re-assessment or assessment with respect to the six immediate prior years and the year in which the search is carried out. This does not require any incriminating material recovered on search relating to those prior years; in which there is no time left, on the date of search, for an assessment under section 143.

HC grants conditional anticipatory bail in fake invoice Case

February 18, 2019 2721 Views 0 comment Print

High Court in the case of assessee had held that by taking into consideration the gravity of the offence and punishment which was liable to be involved where assessee was indulged in issuing fake invoices without actual supply of goods with an intention to fraudulently avail the input tax credit, accused assessee’s were given anticipatory bail for the offence punishable under Section 137 of GST Act, 2017 subject to certain conditions.

Ragging A Barbarous Practice – Gujarat HC

February 18, 2019 822 Views 0 comment Print

In the present case, the writ was filed by one of the student involved in the ragging who was suspended from the current academic year by the disciplinary committee of the institution. In the writ the student plead that being the bright student such suspension would ruin his future.

Form-29B not significant for processing of Income Tax Return: HC

February 18, 2019 28146 Views 0 comment Print

We have already found that Form-29B is not at all significant for processing of the return as is seen from the facts of the case which indicate that such processing having been done far earlier to the filing of such statement

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