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All High Courts

Service of Notice under GST & Validity of notice by affixation

October 31, 2018 3765 Views 0 comment Print

Kashi Bartan Bhandar Vs State of UP  (Allahabad High Court) The notice under the CGST Act is required to be served in accordance with the provisions of Section 169 of the Act which provides that it can be served by giving or tendering it directly or by messenger to the person concerned or to a […]

Securitization of lease receivables is a taxable receipt in the year of securitisation

October 31, 2018 1050 Views 0 comment Print

Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the amount of Rs.1.69 Crores credited to the profit and loss account on account of securitization of lease rentals receivable in subsequent years is chargeable to tax in the assessment year 2002-03 ?.

No deduction U/s. 80-IB(10) if Assessee utilises only small part of eligilble FSI

October 31, 2018 1323 Views 2 comments Print

Where assessee utilized only a small part of eligilble FSI remaining part was sold, then assessee was not entitled deduction under section 80IB. In respect profits assessee for sale of unutilized part.

Allow to amend TRAN-1 (CENVAT credit) if mistake is bonafide

October 31, 2018 4122 Views 0 comment Print

OEN India Ltd. Vs Union of India & Others (Bombay High Court) HC directs Petitioners to file representation to CBIC. This representation would be considered by the CBIC for verification and the bona fides of the claim made by the Petitioners. If satisfied, Petitioners would be allowed to amend the Trans­1 form to reflect the […]

Towers and Shelters are not Immovable Properties: Cenvat Credit allowed

October 31, 2018 5895 Views 0 comment Print

Vodafone Mobile Services Limited Vs Commissioner Of Service Tax (Delhi High Court) Tribunal had denied CENVAT credit to the assessee on the premise that the towers erected result into an immovable property, which is erroneous and contrary to the judgment of the Supreme Court in the case of Solid and Correct Engineering (supra). The towers […]

HC allows release of goods on furnishing security for Tax & Penalty

October 30, 2018 498 Views 0 comment Print

Krishna Enterprises Vs State of U.P. & Ors. (Allahabad High Court) Heard Shri Aditya Pandey, learned counsel for the petitioner and the learned Standing Counsel on behalf of the State-respondents. The goods of the petitioner under transportation along with the vehicle have been seized vide order dated 08.05.2018 passed under Section 129(1) of UP GST […]

Show cause notice cannot pre-judge the issue- Order denying credit cannot be SCN

October 30, 2018 1215 Views 0 comment Print

TVS Motor Company Ltd. Vs Asstt. Commr. of CGST & CE (Madras High Court) The respondent states that the impugned order is only a show cause notice (SCN). This Court is unable to agree with the said stand taken by the learned Senior Panel Counsel appearing for the Revenue, as a show cause notice cannot […]

HC order release of good on payment of Tax of dealer not registered in that state

October 30, 2018 765 Views 0 comment Print

Armour Steel Buildings India (P) Ltd. Vs Asstt. State Tax Officer (Kerala High Court) The petitioner, an assessee under the GST Act in Tamil Nadu, sent goods across to the State. The Assistant State Tax Officer intercepted the goods and detained them. After the initial procedural formalities the petitioner suffered an order under section 129 […]

S. 276(C)(1) During pendency of stay application criminal prosecution should not be launched

October 29, 2018 960 Views 0 comment Print

Ramchandran Ananthan Pothi Vs UOI and Ors. (Bombay High Court) In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution Section 276(C)(1) of the Income  Tax Act 1961 should not be launched and, if it has been already launched, the same shall not proceed. […]

S. 54 Cost of land cannot be segregated in computation of cost of new asset

October 29, 2018 3366 Views 0 comment Print

C. Aryama Sundaram Vs CIT (Madras High Court) What has to be adjusted and/or set off against the capital gain is, the cost of the residential house that is purchased or constructed. Section 54(1) of the said Act is specific and clear.It is the cost of the new residential house and not just the cost […]

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