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Reopening Notice is without jurisdiction if it do not specify quantum of tax which escaped assessment

September 6, 2018 1644 Views 2 comments Print

Dulraj U. Jain Vs ACIT (Bombay High Court) Section 147 / Section 148– Reasons recorded do not specify, prima-facie, the quantum of tax which has escaped assessment but merely states that it would be atleast be Rs.1,00,000/-. Prima-facie, we are of the view that the reasons recorded do not indicate reasonable belief of the Assessing Officer himself to issue the impugned […]

HC restrain dept. from encashment of Bank guarantee under GST till exhaustion of statutory remedy

September 6, 2018 1245 Views 0 comment Print

Safa Mill Stores Vs Assistant State Tax Officer, Karukutty (Kerala High Court) 1. The petitioner, a partnership firm, transported certain goods ostensibly from Bombay to Perumbavoor. But when the petitioner tried to unload the goods at Malamury, Perumbavoor, the authorities checked the documents carried along with the goods and found that they did not correctly reflect […]

ITAT justified in not allowing set-off of share trading business loss against cash credit addition

September 6, 2018 1185 Views 0 comment Print

Truptiben Bakulbhai Pate Vs ITO (Gujarat High Court) As assessee had neither filed her return of income declaring loss nor had shown such loss in her books of account, this clearly indicated that assessee deliberately withhold the bank account and transactions recorded therein. Further, as she had not furnished any explanation about non-disclosure of bank […]

One year restriction to claim transitional credit is unconstitutional: Gujarat HC

September 6, 2018 4665 Views 0 comment Print

As per reports Hon. Gujarat High Court in the case of Filco Trade Centre Pvt ltd vs Union of India in Special Civil Application No 18433 of 2017 decided on 5th September 2018 held that Clause (iv) of Section 140(3) of the Central Goods and Services Tax Act, 2017 in transitional credit provisions providing for […]

AO cannot ignore reply submitted by Assessee related to cash deposit for Reassessment

September 5, 2018 9039 Views 0 comment Print

Hemant Manaharlal Shah (HUF) Vs ITO (Gujarat High Court)  The Assessing Officer formed a belief that income chargeable to tax has escaped assessment, on the ground that noticing a big mismatch between the returned income and cash transactions in the assessee’s bank accounts, queries were raised, which remained un­replied. This is contrary to the facts on […]

Evidence submitted during assessment cannot be rejected merely for non submission at the time of seizure

September 5, 2018 1257 Views 0 comment Print

There is no requirement in law that evidence in support of its case must be produced only at the time when the seizure has been made and not during the assessment proceedings.

GST: Calcutta HC transfers Appeal filed before wrong authority

September 5, 2018 723 Views 0 comment Print

Supersmelt Sponge Private Limited. Vs Superintendent, (Anti Evasion), Central Tax, C.G.S.T., Commissionerate, Bolpur & Ors. (Calcutta High Court) It was submitted that, the appeal filed by the petitioner is before a wrong authority. The Additional Commissioner (Appeals), C.G.S.T. Commissionerate, Siliguri has jurisdiction over the subject matter. He submits that, respondent no. 3 as described in […]

Cenvat Credit not receivable on Bogus Purchase Transaction

September 5, 2018 1209 Views 0 comment Print

Mangalam Alloys Ltd. Vs Commissioner of Central Excise Ahmedabad-III (Gujarat High Court) The Revenue authorities and the Tribunal concurrently came to the conclusion that the transactions in question were non­existence. The assessee was not able to establish the actual movement of the goods. When the RTO report strongly suggested that the vehicles in which the […]

School cannot fail a student till Class VIII; School should ensure attendance of student

September 3, 2018 21249 Views 0 comment Print

Right to education up to the age of 14 years is guaranteed as fundamental right under Article 21A of the Constitution of India and a student cannot be failed up to 8th Class.

Entertainment Tax payable on payment for admission to Fashion Show

September 3, 2018 657 Views 0 comment Print

Dream Merchant Vs. State of Karnataka (Karnataka High Court) The features of the event organised by the appellant had been, as noticed, quite different. It had been a ‘fashion show’, where there had been sponsorship and advertisements; where the apparels and dresses of various manufacturers were put in exhibition on mannequins as also on live […]

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