Follow Us:

Articles

Goods pilfered after order of clearance by Custom Officer not the responsibility of Custodian

October 8, 2021 3555 Views 0 comment Print

Appellant filed two different claims of refund for the identical issues of custom duty paid on pilfered goods imported at ICD Tughlakabad, New Delhi Port. The refund claims were initially rejected on the ground that goods were pilfered after the order of clearance by the Customs Officer and the said order was challenged.

Assessment Order quashed on ground of Non-Disposal of Objections filed by Assessee

October 8, 2021 1956 Views 0 comment Print

The AO reopened the assessment of the Assessee after it was observed that the Assessee had not reflected or explained his investment in a hotel project during a survey operation. Thereafter, the Assessee filed an application before the CIT(A) challenging the validity of reopening of assessment, which was subsequently rejected and disposed of by the CIT(A) on the ground that the AO had correctly followed the procedure as contemplated in the IT Act and there was no infirmity in the action of the AO regarding reopening, all of which has been in accordance with law.

Order of Preventive detention not sustainable on grounds of stale & illusory

October 8, 2021 765 Views 0 comment Print

The ground for preventive detention is alleged to be that the Petitioner was controlling a syndicate which was involved in effecting fraudulent exports and imports in order to evade Customs duty and earn undue export benefits including Integrated Goods and Services Tax (IGST) refunds through 33 non-existent and/or dummy firms.

Genuine issue of Shares to Shareholders not to be considered under Anti-Abuse Provisions of the IT Act

October 8, 2021 1266 Views 0 comment Print

Genuine issue of Shares to Shareholders not to be considered under Anti-Abuse Provisions of Income Tax Act, 1961 In Income Tax Officer v. Shri Rajeev Ratanlal Tulshyan [I.T.A. No.5748/Mum/2017 A.Y. 2014-15 dated October 01, 2021] [along with cross objection filed by Shri Rajeev Ratanlal Tulshyan (the Respondent)], the Income Tax Officer (the Appellant) filed an […]

Orissa HC revokes GST Registration Cancellation on failure of Dept. to prove wrongful availment of ITC on fake invoices

October 8, 2021 4098 Views 0 comment Print

HC observed that the Respondent has failed to show that the Petitioner as a purchasing dealer deliberately availed the ITC in respect of the transactions with an entity knowing that such an entity was not in existence and on the basis of this observation, the Court revoked the GST Registration Cancellation.

Applicable GST Rates & Exemption on certain services – Clarification

October 8, 2021 3516 Views 0 comment Print

Circular No 164/20/2021-GST DATED 06.10.2021– Let us understand in simple manner some of important changes- 1. Services by cloud kitchens /central kitchens- Restaurant service includes- ♦ Services provided by Restaurants, Cafes, eating facilities include takeaway services, room services and door –delivery of food. ♦ Take-away services and door delivery services of food are also considered […]

Rejection of bid in absence of GST registration cannot be termed as arbitrary as tender was for taxable supplies

October 8, 2021 1803 Views 0 comment Print

ndhra HC pronounced that, in the facts and circumstances of the given case, a successful tenderer would be required to supply medicines and other goods, which are not exempted under the GST Act, in the process of maintaining SNCUs, and for that reason, all bidders were required to submit GST registration certificates.

Question Based on Provisions of Sections 154, 263 & 264 of IT Act, 1961

October 8, 2021 16977 Views 0 comment Print

Today we are going to consider problem  based on provisions of Sections Sections 154, 264 & 263  of the Income Tax Act, 1961. PROBLEM :-  Assessment of X Ltd., is completed under Section 143(3) with an addition of Rs. 15.00 Lakhs to the returned income. The assesses-company goes in an appeal before CIT (Appeals). Which […]

Understaning financial manoeuvring and shell entities

October 8, 2021 3285 Views 0 comment Print

Objective The Author in this article discusses two issues namely: 1) Application of section 68 in case of share application money to the web of intermediaries and 2) how one can-not misuse rule 27 of ITAT rules. Both the issues are based on recent judgements of Mumbai tribunal Structure-: The article gives authors own analysis. […]

What If ITC of F.Y. 20-21 Is Still Not Reflecting In GSTR 2A

October 7, 2021 69918 Views 14 comments Print

If there is any credit that is still pending to be taken for F.Y. 20-21, then the same needs to be taken before the due date of furnishing of the return for the month of September 2021 under Section 39 of the CGST Act.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930