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Section 138 Attracted Even If Cheque Issued For Sale Consideration Not Disclosed in Sale Deed

September 2, 2018 17103 Views 1 comment Print

Bhawish Chand Sharma Vs Bawa Singh (Delhi High Court) The mutual agreement between the parties to disclose only a part of the consideration under the sale deed may attract other consequences for the parties. However, that by itself does not render the underlying transaction unlawful. Pertinently, it is not claimed that at the relevant time, […]

No reopening merely on the basis of Assessment of other co­-sharer

September 1, 2018 759 Views 0 comment Print

Kalpana Chimanlal Shah Vs ITO (Gujarat High Court) The Assessing Officer examined the petitioner’s declaration of sale of immovable property and resultant loss, which she claimed. The Assessing Officer called for the purchase and sale deeds as also supporting evidence for computation of capital gain. The assessee produced such documents and the approved valuer’s report assessing […]

Section 40A(2)(b): Interest Rate on Permanent Loan cannot be compared with Rate on Temporary Loan

September 1, 2018 2388 Views 0 comment Print

CIT Vs  Shiv Agrevo Ltd. (Rajasthan High Court) The prevailing market rates of interest for the loans of permanent nature were between 18 per cent, to 24 per cent, whereas the cases compared by AO pertained to the loans of temporary nature and that the assessee had advanced money for the purpose of business needs. […]

Goods seized for non filing of Part-B of E-way Bill must be be released on security

September 1, 2018 1419 Views 0 comment Print

The submission of Sri Vishwjit, learned counsel for the petitioners is that the seizure is on account of non filing Part-B of E-way Bill. Part-B of E-Way Bill requires the details of the vehicle carrying the goods and the destination.

HC declines to extend time limit to file GST TRAN-1 for Technical Glitches in absence of evidence of genuine attempts to file return

August 31, 2018 1077 Views 0 comment Print

Gujarat HC dismisses petition by Apollo Screens Pvt Ltd. to carry forward CENVAT Credit, citing lack of evidence for technical filing errors.

Co-Op HSG Society cannot charge Transfer fees in excess of permissible fees as donation

August 31, 2018 18873 Views 0 comment Print

Alankar Sahkari Griha Rachana Sanstha Vs Atul Mahadev Bhagat & Anr (Bombay High Court) When the persons come together with common object of housing, after formation of a Cooperative Society, they are governed under rules and bye-laws of Maharashtra Cooperative Societies Act. So far as the members are concerned, the Cooperative Housing Society can collect […]

Wealth Tax Payable on Land Situated within Corporation Limit of City by Mysuru’s Erstwhile Royal Family

August 30, 2018 1110 Views 0 comment Print

CIT Vs Smt. Meenakshi Devi Avaru (Karnataka High Court) Protective, precautionary or alternate assessment is an assessment which is made ex- abundanti cautela by the Assessing Authority and is therefore called protective or Precautionary Assessment or alternative assessment. When the Department has any doubt as to the person who is or will be deemed to […]

Refined Bleached Deodorised Palm Stearin is classifiable under Heading 1511: AAR

August 30, 2018 2619 Views 0 comment Print

Whether RBD Palm Stearin would fall under Chapter 1511 – ‘Palm Oil and its fractions, whether or not refined but not chemically modified’ or under Chapter 382311 ‘Industrial monocarboxylic fatty acid, acid oils from refining, stearic acid, Palm Stearin.

Calcutta High Court Grants stay on Service Tax Audit

August 30, 2018 13839 Views 3 comments Print

The petitioner seeks a declaration that sub-rule (2) of Rule 5A of the Service Tax Rules, 1994 as substituted by notification no. 23/24/ST dated December 25, 2014 is arbitrary and in conflict with provisions of Section 72A of the Finance Act, 1994. The petitioner also seeks a declaration that, the provisions of clause (k) of subsection (2) of Section 94 of the Finance Act, 1994 is unguided and gives uncontrolled power of delegation. The third prayer is with regard to a notice dated February 16, 2015.

GST order Cancelling registration is appealable: HC

August 29, 2018 975 Views 0 comment Print

M/s Viraat Traders Vs State of Punjab and others (Punjab and Haryana HC) Challenge in the present writ petition is to the order dated 23.05.2018 passed by Excise and Taxation Officer Ludhiana-3 cancelling the registration of the petitioner under the Punjab Goods and Services Tax Act, 2017 (in short ‘the Punjab GST Act’) It is not […]

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