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Allahabad High Court

Additions based on P&L account & B/S filed by assessee with return cannot be considered as additions on the basis of new income source

December 1, 2019 1041 Views 0 comment Print

S.D. Traders Vs CIT (Allahabad High Court) It has been argued by the counsel for the Revenue that CIT (A) has not travelled beyond the books of accounts and during appeal it was found that only confirmation was available of five parties and the rest of the creditors were untraceable, hence the addition of the […]

HC held contribution of Land by partner to Firm as SHAM transaction

November 28, 2019 5481 Views 0 comment Print

The entire consideration for free-hold land was paid by M/s SICCL but in what capacity, was not known and transfer of same land by assessee to SICCPL at a consideration which had a vast difference than that was acquired by assessee after execution of free-hold deed did not conform to even any normal business transaction entered into by a person of ordinary prudence

e-way bill download was not mandatory till March 31, 2018

November 22, 2019 3018 Views 0 comment Print

Mudassirun Nisan Vs. Addl. Commissioner (Allahabad High Court) On the relevant date i.e. 4 Dec. 2017 when the vehicle in question was intercepted, the ‘Government’ referred in Rule 138 of the C.G.S.T. Rules 2017, which was the Central Government, had not developed and approved any e-way bill system nor any other arrangement had been made […]

No addition for Cash Short found at premises: HC

November 9, 2019 6777 Views 0 comment Print

As to the addition made of Rs.37,30,710/-, which is lesser cash in hand as compared with the books of accounts in which the assess has shown more cash in hand, the Tribunal held that it is neither a case under Section 68 of the IT Act nor Section 69-A of the Income Tax Act.

ITAT Can Direct CIT To Register A Trust Under Section 12AA

October 14, 2019 1500 Views 0 comment Print

The income tax Appellate Tribunal while hearing an Appeal under Section 254(1) in a matter where registration under Section 12(AA) has been denied by Commissioner income tax can itself pass an order directing commissioner to grant registration in case the income tax Appellate Tribunal disagrees with the satisfaction of the Commissioner on the basis of material already on record before the Commissioner.

GST: Provisional Attachment cannot be continued beyond the period of one year

September 1, 2019 1143 Views 0 comment Print

Jackpot Exim Private Limited Vs Union of India (Allahabad High Court) In none of the paragraphs the petitioner states that no order of imposing tax or penalty has yet been passed. However, the provisional attachment order survives only for a period of one year in view of Section 83(2) of the Act of 2017, which reads […]

HC beautifully explains concept of Natural justice in GST Case

August 31, 2019 30135 Views 0 comment Print

It is true that the concept of natural justice is not very clear and therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced.

Rebate on exports– No condition for export goods to be manufactured inside country

August 6, 2019 1578 Views 0 comment Print

Samsung India Electronics Pvt. Ltd. Vs Union of India (Allahabad High Court) Allahabad High Court has held that there is no specification under Excise Rule 18 that for the purpose of rebate, goods need to be manufactured inside country. The Court held that the rule talks about any goods, which includes both manufactured inside the […]

Unaccounted goods at disclosed place of business are ‘secreted’

July 22, 2019 4305 Views 0 comment Print

Rajeev Traders Vs State Of U. P. (Allahabad High Court) Allahabad High Court held that once it was admitted that assessee had not recorded goods found stored at his disclosed place of business, in his books of account, a presumption of goods having been ‘secreted’ as per CGST Section 67 did arise. Upholding seizure of […]

TDS not deductible on Payment made for conduct of exam through affiliated centers

July 13, 2019 10692 Views 0 comment Print

In the absence of any material to establish that the affiliated colleges/centres were rendering services of professional or technical nature in the matter of conducting the University’s examination, we are of the opinion that the Tribunal has not committed any error of law in holding that the tax was not deductable on such reimbursement under Section 194J(b) of the Act.

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