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Andhra Pradesh HC

Allow filing of Form GST TRAN-1 again: HC

August 13, 2019 873 Views 0 comment Print

Lantech Pharmaceuticals Ltd. Vs Prl. Commissioner (Andhra Pradesh High Court) Hon;ble High Court disposes Writ Petition directing the respondents to either open the Portal to enable the petitioner to again file the Form GST TRAN-1 electronically or in the alternative accept the Form GST TRAN-1 presented manually,on or before 31.08.2019. It is needless to say […]

HC allows GST Appeal filed Manually as valid Appeal

August 1, 2019 8529 Views 0 comment Print

M/s Sri Siddhi Kalko Bhagavan Stone Crusher Vs The Assistant Commissioner ST (Andhra Pradesh High Court) In this Writ Petition, under Article 226 of the Constitution of India, the challenge is to the rejection order, dated 22.09.2018, of the learned Appellate Joint Commissioner (ST), Vijayawada, whereby the appeal of the petitioner was rejected on the […]

RTI not applicable to non-governmental religious institutions

November 14, 2018 10818 Views 0 comment Print

Religious institutions like temples, churches, mosques, which were not financed/funded by government did not fall within the purview of Right to Information Act, 2005. However, it is desirable to amend the Act at least to bring in its fold all the registered temples/institutions having income over and above a particular limit, to furnish information so as to have a greater vigil with respect to utilization of the monies, conducting affairs transparently and to achieve the objects of the RTI Act.

Priority of Tax Dues In Liquidation?

July 26, 2018 3807 Views 0 comment Print

The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code).

Income Tax cannot be recovered during Liquidation Process under IBC

July 26, 2018 20931 Views 0 comment Print

Leo Edibles & Fats Limited Vs TRO (Central) (Andhra Pradesh HC) Section 178 of the Act of 1961 is titled ‘Company in liquidation’. Under sub-section (1) thereof, the liquidator of a company which is being wound up, or a person who is appointed as a Receiver of the assets of such company has to give […]

No addition U/s 68 in respect of gift received from maternal aunt out of natural love

February 23, 2018 3540 Views 0 comment Print

Pendurthi Chandrasekhar Vs DCIT (Andhra Pradesh HC) Conclusion: AO was not justified in adding the amount of Rs. 73,00,000 to the account of  assessee received from maternal aunt as the donor herself had given a confirmation letter clearly stating therein that she had transferred the amount  and further declaring that she gave the said gift […]

Sec. 11 deduction on fees for Providing Assistance to Banks & Financial Institutions

October 9, 2017 1062 Views 0 comment Print

Principal CIT (Exemptions) Vs. Institute for Development and Research in Banking Technology (Andhra Pradesh High Court) Held by ITAT The circumstances under which the services rendered by the appellant society to the Banks make clear that there is no profit motive in such activities because these activities were entrusted to the appellant society by the Reserve […]

Initiation of Penalty Proceeding U/s. 271(1)(c) in absence of clear finding is invalid

July 13, 2017 5118 Views 0 comment Print

Pr CIT Vs. Baisetty Revathi (Andhra Pradesh High Court) In the present case, the assessee seems to have submitted her explanation on merits without raising a doubt as to what was the precise allegation leveled against her. However, we are more concerned with the principle involved and not just the isolated case of its application […]

No VAT under Telangana VAT Act, 2005 on transfer of a business as a whole

April 18, 2017 2967 Views 0 comment Print

 A careful look at the reason for Rule 36 being inserted, which cannot be correlated to anyone of the matters enumerated in Clauses (a) to (r) of sub-section (2) of Section 78, will show that in the entire Telangana VAT Act, 2005, the only place where a transfer of business as a whole is spoken […]

Levy of Capital Gain Tax when assessee denies ownership and sale

April 6, 2017 4641 Views 8 comments Print

Admittedly, the petitioner has lodged a police complaint that her name has been misused in a document in respect of a property of which she is not the owner. Therefore, the matter requires further detail prob.

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