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Madhya Pradesh HC

No advocate / chartered accountants can represent willful defaulter

March 11, 2019 6165 Views 0 comment Print

Assessee-company being a ‘willful defaulter’ could not be represented through the lawyers or Chartered Accountants as the personal hearing was available only to borrower Director and Promoter of the alleged default unit.

Non-Filing of I-T Returns not necessarily mean no source of Income

March 7, 2019 16122 Views 0 comment Print

Non-filing of Income Tax Return by itself would not mean that the complainant had no source of income and thus, no adverse inference can be drawn in this regard only because of absence of Income Tax Return.

Suo motu contempt proceeding against CIT / PCIT refund ‘Army Officer’ not granted within 30 days: HC

February 28, 2019 2790 Views 0 comment Print

Respondent CIT/PCIT directed to refund the entire amount of income tax they have recovered, which was an exempted amount and which the petitioner Army Officer has paid in respect of his disability pension.

HC denies bail in Wrongful availment of GST input tax credit

February 26, 2019 1794 Views 0 comment Print

U/s. 69 of the GST Act, the Commissioner is having power to arrest if he has reasons to believe that a person has committed an offence specified in Clause (a) or (b) or (c) of sub-section (1) of Section 132 of the GST Act. Section 132(1) (a), (b) and (c) of GST Act define types of offences and according to which, whoever commits offence of supply of any goods or services without issue of any invoice or issues any invoice or bill without supply of goods or services of both or avails input tax credit using such invoice, shall be punished with imprisonment of term which may extend to 5 years and with fine, if the amount involved is more than Rs.500 Lakhs.

Loan received from company not deemed dividend U/s. 2(22)(e) if assessee was not a member/shareholder of concerned company

January 3, 2019 4035 Views 0 comment Print

Where assessee was not a member/shareholder of the concerned company, therefore, loan/advance received from such company was not deemed dividend under section 2(22)(e).

Specific info of bogus share application money cannot be treated as mere suspicion

December 19, 2018 1266 Views 0 comment Print

M/s Etiam Emedia Limited Vs ITO (Madhya Pradesh High Court) Conclusion:  Reopening of assessment was justified as there was specific information available with the authorities that assessee was a dummy concern used to route unaccounted money by way of bogus share application money. It was not a case of mere suspicion, it was a case, wherein […]

No GST exemption on supply to Duty-Free Shops at International Airports in India

December 17, 2018 3246 Views 0 comment Print

As the supply to a DFS by an Indian supplier is not to ‘a place outside India’, therefore, such supplies do not qualify as ‘export of goods’ under GST. Consequently, such supplies cannot be made without payment of duty by furnishing a bond/letter of undertaking (LUT) under rule 96-A of the CGST Rules, 2017.

18% GST payable on Construction of residential flats for MPPGCL

October 18, 2018 3057 Views 0 comment Print

The activity in question definitely does not have any relation to the principal work of power generation entrusted by the state government to MPPGCL, and therefore the works contract service of construction of residential quarters would attract GST @18% (9% CGST + 9% SGST) in terms of Notification No.11/2017-CT Rate dtd.28.06.2017 and corresponding notification under MPGST Act 2017.

Clarify on refund of GST to duty free shops on goods / Services supplied by Indian supplier: HC

August 23, 2018 1014 Views 0 comment Print

A two-judge bench of the Madhya Pradesh High Court has asked the Central Board of Indirect Taxes and Customs (CBIC) to issue a clarification regarding the leviability of the Goods and Services Tax (GST) on the goods supplied through the duty-free shops in the International Airports in India.

State GST Officers can Inspect, Search & Seize Goods under IGST Act

August 23, 2018 2931 Views 0 comment Print

Advantage India Logistics Private Limited Vs Union of India (Madhya Pradesh HC) On due of the provisions of Section 4 of the IGST Act, we are of the view that officers appointed under the MPGST Act are authorized to be proper officers for the purpose of IGST and, therefore, the contention of the petitioner that […]

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