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Gujarat High Court

Trade advances cannot be treated as Deemed dividend U/s. 2(22)(e)

September 8, 2018 996 Views 0 comment Print

Pr. CIT Vs Prakashkumar Bhagchandbhai Khatri (Gujarat High Court) Where assessee, in terms of agreement with company for development and consideration of land owned by assessee, had received trade advances, the same were not loans, therefore, section 2(22)(e) was not attracted. The Tribunal while confirming the view of CIT(A) opined that amount in question was […]

ITAT justified in not allowing set-off of share trading business loss against cash credit addition

September 6, 2018 1365 Views 0 comment Print

Truptiben Bakulbhai Pate Vs ITO (Gujarat High Court) As assessee had neither filed her return of income declaring loss nor had shown such loss in her books of account, this clearly indicated that assessee deliberately withhold the bank account and transactions recorded therein. Further, as she had not furnished any explanation about non-disclosure of bank […]

One year restriction to claim transitional credit is unconstitutional: Gujarat HC

September 6, 2018 4947 Views 0 comment Print

As per reports Hon. Gujarat High Court in the case of Filco Trade Centre Pvt ltd vs Union of India in Special Civil Application No 18433 of 2017 decided on 5th September 2018 held that Clause (iv) of Section 140(3) of the Central Goods and Services Tax Act, 2017 in transitional credit provisions providing for […]

AO cannot ignore reply submitted by Assessee related to cash deposit for Reassessment

September 5, 2018 9384 Views 0 comment Print

Hemant Manaharlal Shah (HUF) Vs ITO (Gujarat High Court)  The Assessing Officer formed a belief that income chargeable to tax has escaped assessment, on the ground that noticing a big mismatch between the returned income and cash transactions in the assessee’s bank accounts, queries were raised, which remained un­replied. This is contrary to the facts on […]

Cenvat Credit not receivable on Bogus Purchase Transaction

September 5, 2018 1407 Views 0 comment Print

Mangalam Alloys Ltd. Vs Commissioner of Central Excise Ahmedabad-III (Gujarat High Court) The Revenue authorities and the Tribunal concurrently came to the conclusion that the transactions in question were non­existence. The assessee was not able to establish the actual movement of the goods. When the RTO report strongly suggested that the vehicles in which the […]

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

September 1, 2018 954 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 […]

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 1236 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.

Transitional Credit is substantive right & cannot be taken away by procedural requirements: Gujarat HC issues notice to Centre and GST Council

July 19, 2018 11319 Views 1 comment Print

While admitting a petition challenging the provisions of Central Goods and Services Tax (GGST) Act which restricts the time limit for filing and revising of GST Tran 1 to the extent of only 180 days from the appointed day, the Gujarat High Court has issued notices to Centre and GST Council.

Statement U/s. 133A is merely information simplicitor and not evidence per se

June 29, 2018 3711 Views 0 comment Print

Respondent assessee is a private limited company. The business premises of the company was subjected to survey operation under section 133 of the Income Tax Act, 1961 (the Act for short). During the survey operation, the Revenue claimed to have seized and impounded a diary which allegedly reveal certain cash transactions with respect to sell of Vatva land. Statement of the directors of the company were also recorded.

Expense on improving the quality of existing products are revenue expenditure

June 26, 2018 1662 Views 0 comment Print

CIT Vs Arvind Products Ltd. (Gujarat High Court) Assessee who was engaged in manufacturing textile products, had expended the amount in question for product development undertaken by a sister concern of the assessee on its behalf. The research work did not involve development of a new product or even a new technique or technology to […]

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