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Gujarat High Court

GST: Collecting post-dated cheques under coercion during raid

May 16, 2018 2073 Views 0 comment Print

Petitioner No.1 is a company registered under the Companies Act. Petitioner No.2 is one of its share holders. Petitioner-company is engaged in supply of wheat flour, meslin flour, cereal flour etc. Such activity would invite SGST and CGST at prescribed rates. However, even this is a matter of dispute between the two sides.

Addition U/s. 68 for Capital contribution to firm by partner

May 13, 2018 5271 Views 0 comment Print

Gujarat High Court rules partnership firm discharged onus under Section 68 by identifying partner & confirming contribution; creditworthiness inquiry is on partner.

HC issues Notices on Petition Challenging Constitution Of GST Tribunals

May 9, 2018 4650 Views 0 comment Print

Gujarat High Court has issued notice to the Union of India, Gujarat State government and the Goods and Service Tax Council on a petition moved by CA Prateek Gattani and Abhishek Chopra challenging the constitution of the Central as well as State Appellate Tribunals.

Collecting parking fee by malls illegal : Gujarat HC issues notice (Read PIL)

May 9, 2018 14541 Views 5 comments Print

Petitioner Sajeev Ezhava, filed public interest litigation before Hon’ble Gujarat High Court contending that the parking fee collected by malls and commercial establishments is illegal and against the basis of exempting them from municipal taxes.

If assessee exercises safe harbour option and AO do not pass order declaring it invalid than option will be deemed as valid

May 6, 2018 2538 Views 0 comment Print

Mehsana District Co-operative Vs. DCIT (Gujarat High Court) Sub­rule (7) of rule 10THD thus lays down the time limit for the Assessing Officer to pass an order under sub­rule(4) and for the concerned competent authority to pass an appropriate order under sub­rule(6). We may recall under sub­rule(4), the Assessing Officer may declare that the option […]

Addition based on mere statement which was retracted later with proper reasons not justified

April 24, 2018 1281 Views 0 comment Print

No addition can be made solely on the basis of a retracted statement made during the survey operation, particularly, when proper justification for retraction was also offered.

Consultancy charges Incurred for making investment are allowable

April 16, 2018 9420 Views 0 comment Print

Where dis allowance was made by revenue under section 14A in respect of interest and administrative expenses, it was made clear that where assessee had its own surplus fund, then no question of any estimation of expenditure under rule 8D would arise. Thus, revenue was not justified in disallowing interest and administrative expenses, when the same was made out of interest free fund.

Reopening of assessment maintainable on reasons recorded for reopening

April 14, 2018 3174 Views 0 comment Print

This petition under Article 226 of the Constitution of India is directed against the notice dated 31-3-2017 issued by the respondent-Income Tax Officer under section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act), seeking to reopen the assessment of the petitioner for assessment year 2010-11.

Outward transport for transportation of finished goods up to Purchases Premises is Input Services

April 1, 2018 4119 Views 0 comment Print

Outward transport service used by the manufactures for transportation of finished goods from the place of removal up to the premises of the purchaser is covered within the definition of input service provided in rule 2(l) of the Cenvat Credit Rules, 2004.

No violation of election code of conduct due to GST Council Recommendations: HC

April 1, 2018 1395 Views 0 comment Print

In terms of Article 279A of the Constitution of India, it cannot be said that the recommendations made by the Goods and Services Tax Council are in violation of the Code of Conduct.

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