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Judiciary

Goodwill is Intangible Asset & Depreciation allowed

July 25, 2020 2523 Views 0 comment Print

It is now fairly well settled that goodwill being an intangible asset, depreciation has to be allowed. In view of the aforesaid, we direct the Assessing Officer to allow assessee’s claim of depreciation of  on goodwill.

Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC

July 24, 2020 29406 Views 2 comments Print

High Court held that by prescribing the formula in Sub-rule 5 of Rule 89 of the CGGST Rules,2017 to exclude refund of tax paid on ‘input service’ as part of the refund of unutilised input tax credit is contrary to the provisions of Sub-section 3 of Section 54 of the CGST Act,2017 which provides for claim of refund of ‘any unutilised input tax credit’.

Section 41(1) addition cannot be made merely for non-confirmation by creditors

July 24, 2020 4170 Views 0 comment Print

Non-appearance or non-response of creditors could not be sole ground to draw an adverse inference against assessee, when assessee had filed necessary evidence to prove that liability was genuine in nature, which was subsequently paid back by converting said liability into share application money.

Section 54F exemption cannot be denied for Home Loan default

July 24, 2020 10083 Views 0 comment Print

The issue under consideration is whether the default in home loan by the owner of the property can be the reason to disallow the capital gain deduction u/s 54F of the Income Tax Act, 1961?

Intermediary cannot be considered as exporter of services; Section 8(1), 13(8)(b) r.w.s. 2(13) of IGST Act 2017 are constitutional: HC

July 24, 2020 7938 Views 0 comment Print

. Conjoint reading of Section 2(6) and 2(13), which defines export of service and intermediary service respectively, then the person who is intermediary cannot be considered as exporter of services because he is only a broker who arranges and facilitate the supply of goods or services or both.

HC confirms presumption of investments out of interest-free funds

July 24, 2020 2493 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 14A with respect of Interest free funds is justified in law?

CST Act not contemplates any power to forfeit refund: HC

July 24, 2020 2325 Views 0 comment Print

State of Gujarat Vs Advanced Systek Private Limited (Gujarat High Court) It appears that when the assessee has sold the goods on the price, which is inclusive of tax, the turnover is to be calculated as  per the formula provided in Section 8A of the CST. In the facts of the case the rate of CST applicable for the […]

SC confirms One Year Imprisonment for Demanding Bribe of Rs. 300

July 24, 2020 1443 Views 0 comment Print

SC confirmed One Year Rigorous Imprisonment for Revenue Officer for Demanding Bribe of Rs 300

No Prosecution u/s 138 of NI Act for Dishonour of Cheque due to Difference in Figures & Words

July 24, 2020 34503 Views 0 comment Print

The issue under consideration is whether prosecution u/s 138 of Negotiable Instrument Act can be levied for dishonour of a cheque on cheque having difference in the amount in figures and words?

Rajasthan HC Grants Interim Relief To J.K. Cement in High VAT/CST demand case

July 24, 2020 1713 Views 0 comment Print

Rajasthan High Court Grants Interim Relief To J.K. Cement Ltd. From Being Exposed To High Tax Demand Under Rajasthan Vat Act And Central Sales Tax Act.

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