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Judiciary

Revenue not entitled to attach properties of Private Trust to recover dues of trustees

March 20, 2020 4980 Views 0 comment Print

Revenue is not entitled to attach the properties belonging to a Private Trust to recover dues of the trustees, who was a director of a company which had allegedly defaulted in paying its tax dues.

Handwritten Serial Number cannot be the reason for denial of ITC

March 20, 2020 1956 Views 0 comment Print

Krupa Trading Company Vs C.C.E. & S.T. (CESTAT Ahmedabad) The short issue involved in the present case is that whether the denial of Cenvat Credit by the Adjudicating Authority for the reason that invoices of input service bear handwritten serial number is correct or otherwise. It is clear from the rules that the invoice should […]

Availment of ineligible drawback & IGST: Search & seizure by DRI justified

March 20, 2020 1266 Views 0 comment Print

The issue under consideration is whether the Search and resultant seizure of documents and record by Director of Revenue Intelligence is justified under Customs Act, 1962?

No section 68 addition can be made on the basis of mere statements

March 20, 2020 2274 Views 0 comment Print

Modern Malleables Limited Vs DCIT (ITAT Kolkata) Conclusion: Addition made u/s. 68 only on the basis of two statements which could not stand the scrutiny of law, was not justified and therefore, the addition could not be sustained as per law. Held: AO got information from the Investigation Wing pursuant to search operation conducted at […]

Time limit stipulated under Rule 117 is not ultra vires of GST Act: Bombay HC

March 20, 2020 4629 Views 0 comment Print

Time limit stipulated under Rule 117 of the Rules is not ultra vires of the Act. This Rule is traceable to the power conferred under section 164(2) of the Act. The time limit stipulated in Rule 117 is in consonance with the transitional nature of the enactment, and it is neither arbitrary nor unreasonable.

Assessee subjected to search, cannot be placed on a different pedestal than assessee who is not subjected to search

March 20, 2020 1449 Views 0 comment Print

In our considered view therefore, although the name of the assessee does not feature in the panchnama, in view of the fact that warrant of authorization executed by the Department contained its name, the proceedings u/s 153A were validly initiated against the assessee.

Sale of Agricultural Land after Conversion is Taxable as Capital Gain

March 20, 2020 39963 Views 0 comment Print

The issue under consideration is whether sale of agricultural land after conversion taxing under capital gain or under business income? ITAT direct the A.O. to treat the property on sale of land as capital gains and given the benefit of exemption claimed by the assessee U/s 54F of the Act.

GST on power supply & distribution network installed for Metro Rail

March 20, 2020 3423 Views 0 comment Print

In re ABB lndia Ltd (GST AAR West Bangal) SCADA, in the context of the Applicant’s supply to RVNL, is the system that controls and monitors the electrical network of the metro, enabling the operator to issue suitable commands to be followed in the operation of the metro. Using the SCADA interface, the operator sends […]

No GST exemption if person administering Ayurveda treatment are not ‘authorised medical practitioners’

March 20, 2020 10839 Views 0 comment Print

The Applicant claims that it administers certain plant-based medications for the treatment of osteoarthritis and disorders of similar nature. The medicaments are not supplied standalone, but ancillary to the supply of health care service. lt is a composite supply of health care service called ‘phytotherapy’. Applicant further submits that ‘phytotherapy’ is a treatment based on the ayurvedic system of medicine

Addition for bogus purchase only to the extent of lower GP declared

March 20, 2020 2937 Views 0 comment Print

Addition in case of bogus purchases was required to be made only to the extent of lower GP declared by assessee on bogus purchases as compared to G.P. on normal purchases. Thus, no addition was warranted in case of assessee as GROSS PROFIT declared by assessee in respect of alleged bogus purchases was more than the GROSS PROFIT declared in the normal purchases.

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