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Delhi High Court

Law on order of Cross utilization of GST: HC issues notice to department

December 24, 2017 3723 Views 0 comment Print

Where the assessee was trying to offset its IGST liability partially from CGST credit and partially from SGST credit but disallowed by GSTN portal with a message to first offset CGST credit completely before cross utilization. As there is no provision in GST law against such utilisation, Department was directed to file reply by next hearing date.

Non-Competent Fee resulting in Advantage of Enduring Nature is capital expenditure

December 22, 2017 1230 Views 0 comment Print

Whether the ITAT was right in holding that payment of Rs. 70 lakhs made by the appellant on account of non-competition for a period of five years was in the nature of capital expenditure?

RTI Act: HC set aside CIC order declaring Every Minister a Public Authority

December 21, 2017 813 Views 0 comment Print

a) Is Minister or his office a ‘public authority’ under the RTI Act? b) Whether a citizen has right to information sought, and does the minister has corresponding obligation to give?

2G Judgement of Trial Court; Travesty of Truth and Justice

December 21, 2017 2259 Views 0 comment Print

The recent judgment of the Trial Court in the matter of 2G scam denotes yet another failure of the conscience and consciousness of the nation because it did not invoke enough strong protest from the general public. Political expediency should not be allowed to sabotage and suppress the truth and allow the perpetrators of a crime to go unpunished.

Delhi HC on petition by Tour Operator on anomalies in Input Tax Credit

December 20, 2017 3666 Views 0 comment Print

D. Pauls Travel & Tours Ltd. Vs. Union Of India & Anr. (Delhi High Court) The petitioner submits that it is in the business of booking tours and hotel packages for customers. They charge IGST from customers for bookings in hotels located outside Delhi. However, they are unable to avail input tax credit on the […]

Chewing Tobacco or Pan Masala containing tobacco is not food Item: HC

December 19, 2017 2844 Views 0 comment Print

There is no mention of Flavoured Chewing Tobacco in the definition of Pan Masala as per Appendix B. The ingredients mentioned in the definition of Pan Masala are used for human consumption in one form or the other and therefore come within the definition of food as per Section 2(v) (a) of the Prevention of Food Adulteration Act, 1954.

HC upheld ITAT order allowing carry forward of losses and depreciation to SICK Company under BIFR

December 18, 2017 900 Views 0 comment Print

The Revenue in this appeal under Section 260A of the Income Tax Act, 1961 questions the decision of the Income Tax Appellate Tribunal (ITAT).

Applicability of time-limit U/s. 153(2A) when ‘assessment’ is set aside and an ‘assessment order’ being set aside

December 17, 2017 24951 Views 0 comment Print

In other words, in all instances of an assessing officer having to pass a fresh assessment order upon remand where section 153(2A) would apply, the assessing officer would be bound to follow the time-limit imposed by sub-section (2A). Where the assessing officer was only giving effect to an appellate order, then section 153(3)(ii) of the Act would apply.

Section 263: Revisional order becomes legally fragile on failure to provide opportunity of hearing to assessee

December 17, 2017 1452 Views 0 comment Print

What is contemplated by Section 263, is an opportunity of hearing to be afforded to the assessee. Failure to give such an opportunity would render the revisional order legally fragile not on the ground of lack of jurisdiction but on the ground of violation of principles of natural justice.

Tax Exemption to encourage Industrialization cannot be equated with Tax Refund

December 7, 2017 1059 Views 0 comment Print

Exemption from tax to encourage industrialization cannot be equated with refund of tax. They are two different legal and distinct concepts. An exemption is a concession allowed to a class or individual from general burden for valid and justifiable reason.

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