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Seizure order of the goods in transit under GST, whether an appealable order

June 8, 2018 1293 Views 0 comment Print

Gati-Kintetsu Express (P) Ltd. Vs Asstt. CST (Calcutta High Court) Section 121 is an exception to section 107 of the Act of 2017. While Section 107 of the Act of 2017 makes every decision or order passed under the Act of 2017 to be appealable, section 121 makes an exception thereto and states that, few […]

Release goods detained on compliance of GST Rules: HC

June 8, 2018 1134 Views 0 comment Print

Berger Paints India Ltd. Vs Assistant State Tax Officer (Kerala High Court) Writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes referred to above, within a week from the date of production of a copy of the judgment. It is also directed that […]

Section 54F deduction not available on construction work prior to transfer of property

June 7, 2018 8760 Views 1 comment Print

What sub­section (1) of Section 54 of the Act requires is that the assessee, after the date of transfer, purchases or within three years after such date, constructs a residential unit, only then the benefit of deduction would be granted. This provision, therefore, provides that construction of the residential unit should be done after the date of transfer but, within three years from such date.

Deduction U/s. 80IA not eligible to contractor on Income from maintenance work of Electricity Company

June 7, 2018 1380 Views 0 comment Print

This appeal by the assessee is directed against the order passed by the Income Tax Appellate Tribunal in ITA.No.1496/Mds/2005 dated 19.12.2007 for the assessment year 2002-03. The above tax case appeal has been admitted on the following substantial questions of law

Non-prosecution of appeal on account of tax effect involved being less than prescribed monetary limit

June 7, 2018 630 Views 0 comment Print

The learnedCounsel for the Appellant submits that the tax effect involved in the present appeal is less than Rs.20 lakhs and as per the CBDT Circular No.21 of 2015 dated 10th December, 2015, the Department has taken a policy decision not to prosecute the appeals wherein the tax effect is less than Rs.20 lakhs.

Disallowance cannot be made by mere intimation U/s. 143(1)(a)

June 7, 2018 8091 Views 0 comment Print

Bajaj Auto Finance Ltd. Vs CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an  opportunity to establish its claim. This by producing its evidence of the manner in which it […]

Detention of goods pending adjudication of assessment

June 6, 2018 732 Views 0 comment Print

Seyadu Beedi Company Vs Asstt. Tax Officer (Intelligence), State Tax Officer (Intelligence) & Ors. (High Court Kerala) An identical matter has been disposed in W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1) of the Kerala Goods and […]

Writ in Delhi High Court on Several Issues related to GST

June 5, 2018 2838 Views 1 comment Print

Third issue highlighted by the petitioner is that Central and State Acts permit rectification of mistakes. However, GSTN portal does not permit rectification of a return already filed. Rectification is to be made in the subsequent return. Nevertheless authorities are issuing notices to the assessees whenever rectification is made, treating rectification as a discrepancy between GSTR1 and GSTR3B. A large number of assessees are facing this problem.

Goods cannot be detained if e-way bill been Generated after movement of goods but before interception of the same by Dept.

June 5, 2018 3690 Views 0 comment Print

The contention of the learned counsel for the petitioner is that that due to technical fault of the State Web-site E-way bill-02 could not be generated on 25.3.2018 before the movement of the goods from Varanasi to Fatehpur, however, the same was generated on 26.3.2018 in the morning which was much before the date of seizure order which has been admittedly passed on 27.3.2018 at 6 p.m.

No TDS on Payment of Interest by Co-op Society to its Members prior to Amendment of Sec 194A

June 5, 2018 10146 Views 0 comment Print

The Madras High Court recently ruled that payment of Interest by the co-operative society to its members would not attract tax deduction at source (TDS) prior to the amendment of such provision.

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