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Categorical finding of fact by ITAT cannot be challenged as a substantial question of law

December 25, 2018 489 Views 0 comment Print

ITAT came to a finding that Motilal Oswal Investments Advisory Pvt. Ltd. was not a concern which could be included in the list of comparable companies. We do not think that these findings of fact are in any way perverse or vitiated by any error apparent on the face of the record which, in turn, would give rise to any substantial question of law.

GST Bogus Bill Scam: Session Court Cancels Bail of accused in 200 Crore Bill Scam

December 25, 2018 34677 Views 0 comment Print

Commissioner of Central Tax, GST Delhi (West) Vs Rajesh Jindal (CGST Delhi) As already noted, not only there are serious allegations against the accused/ respondent of his having made fictitious sales of value of more than Rs. 200 crores and having consequently caused loss to the government of the GST evasion / wrongful availment of input […]

ITSC chairman cannot direct to pass a particular order in pending judicial proceedings

December 24, 2018 1014 Views 0 comment Print

Raghuleela Builders Pvt Ltd Vs. Income Tax Settlement Commission (ITSC) (Bombay High Court) While disposing of these Petitions with the above clarifications, we may note that these Petitions have been filed challenging a somewhat curious and unforeseen development. We do not know in what circumstances the Chairman flew down to Mumbai and invited the members […]

GST: Quantitative CAP on Rectification of Mistakes in ITC claim- HC admit writ

December 22, 2018 1044 Views 0 comment Print

A rectification within a month is not necessary but that as many rectifications, as are necessary, for the dealers to correct the mistakes discerned later not merely on account of its errors but on account of the errors, in receipt of inputs or from the buyers’ transactions would also be admissible.

Bombay HC allows Parellel GST Proceedings in Two States 

December 21, 2018 1422 Views 0 comment Print

Shafi Khan Khokhar Vs State of Maharashtra & Ors. (Bombay High Court) High Court upholds jurisdiction of Mumbai CGST Commissionerate even in case where parallel proceedings were commenced in Jaipur Facts: During the period of dispute, the assessee, an individual, was subjected to enquiry proceedings under CGST Act, initiated by the Commissionerate at Mumbai. He […]

Assessment cannot be completed on the basis of past Incident

December 21, 2018 2229 Views 0 comment Print

Sahara India Mutual Benefit Co. Ltd appeal: The income tax department cannot presume something to have happened five years ago, it did not mean that assessee indulged in similar activity in the previous year

No proceedings can be taken against Director of a private limited company U/s. 26C of Kerala General Sales Tax Act, 1963

December 20, 2018 1287 Views 0 comment Print

Kerala High Court rules in favor of Anoop Raj, Director of a private limited company, challenging revenue recovery proceedings under Section 26C of Kerala GST Act.

Kerala HC judgment on Extension of Income Tax Return Due Date

December 19, 2018 2304 Views 0 comment Print

Kerala High Court ruling on Income Tax return deadline. Assessees facing difficulties due to floods can apply for extension under Section 119(2)(b). Waiver for interest/penalty for late payment also allowed.

Distribution of Cenvat credit to other units optional till 2016

December 19, 2018 744 Views 0 comment Print

Bombay High Court has held that it was within the discretion of the assessee whether to utilize Cenvat credit at one of its unit or distribute it amongst other units providing output The High Court however dismissed appeal observing that the entire exercise was revenue neutral as distribution of Cenvat credit to various units would result in lesser service tax being paid by them.

Specific info of bogus share application money cannot be treated as mere suspicion

December 19, 2018 1110 Views 0 comment Print

M/s Etiam Emedia Limited Vs ITO (Madhya Pradesh High Court) Conclusion:  Reopening of assessment was justified as there was specific information available with the authorities that assessee was a dummy concern used to route unaccounted money by way of bogus share application money. It was not a case of mere suspicion, it was a case, wherein […]

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