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Consider representation to be filed for extension of GSTR9/9C due date: HC

February 4, 2020 2766 Views 0 comment Print

All India Federation Of Tax Practitioners Vs. Union of India (Gauhati High Court) This petition is disposed of however, binding the respondent Union of India to take a decision on the representation to be filed on behalf of the petitioners, within one week of its filing. The respondent would also address the issue of extending […]

Six months GST Return filing default for Cancellation of Registration

February 3, 2020 17016 Views 0 comment Print

Default in filing return for the period of six months should be existing both at time of issuance of notice and passing order for cancellation of the registration under Section 29(2)(c), sets aside the order cancelling the registration.

No Tax on Interest accrued on Govt grant received for construction of house for Police

February 3, 2020 2928 Views 0 comment Print

Income which accrued to the Assessee from the funds of the Government which were released to it were not diverted by it and could not be diverted by to any other purpose and had to be used only for the purposes which the Government directed and in case the funds were not used the Government had the right to recall them.

No TDS on export freight to shipping agent of non-resident

February 3, 2020 24411 Views 0 comment Print

In the given case, the respondent assessee has filed its return of income for the assessment year 2013-­14. The Principal Commissioner of Income Tax invoked power of revision under Section 263 of the Act, 1961 on the ground that without deducting TDS on the export freight, the assessee company had paid export freight to Inter Ocean Shipping and Logistic Services.

Section 69B addition merely based on confession statement recorded during search not sustainable

February 3, 2020 2169 Views 0 comment Print

PCIT Vs Nageshwar Enterprises (Gujarat High Court) A Co-ordinate Bench of this Court, in the case of Kailashben Manharlal Chokshi vs. Commissioner of Income-tax, 328 ITR 411, took the view that merely on the basis of admission, the assessee cannot be subjected to additions. The Co-ordinate Bench proceeded to observe that unless and until some […]

AAR can decide question of Place of Supply: Kerala HC

February 3, 2020 10002 Views 0 comment Print

In the instant case, it is true that the issue relating to determination of place supply as aforestated is not expressly enumerated in any of the clauses as per clauses (a) to (g) of Sec. 97(2) of the CGST Act, but there cannot be any two arguments that the said issue relating to determination of place of supply

Sales Tax exemption- Availability to units after re-organization of States

February 3, 2020 735 Views 0 comment Print

State of Madhya Pradesh and Ors. Vs. Lafargy Dealers Association and Ors. (Supreme Court) Whenever a new state is created, there would be difficulties and, issues would arise but these have to be dealt within the parameters of the constitutional provisions and the law and not by negating the mandate of the Parliament which has […]

Cenvat Credit eligible on renting of premises outside factory for marketing

February 3, 2020 1779 Views 0 comment Print

CESTAT Mumbai allows Cenvat Credit on renting immovable property for marketing and sales promotion. Pre and post-amendment period covered. Appeal allowed.

Refund of unutilized ITC inadmissible if goods exported out of India were subjected to export duty

February 3, 2020 2484 Views 0 comment Print

In re Chowgule and Company Private Limited (GST AAAR Goa) In the instant case alo, the exported goods are specified in the Second Schedule to the Customs Tariff Act, 1975 as subjected to export duty; while by a Notification issued under Section 25 (1) of the Customs Act, the same were exempted. Hence, the ratio […]

Dismissing Appeal on Technical Grounds is per se illegal & improper: HC

February 3, 2020 4566 Views 0 comment Print

The case projected in this Writ Petition (Civil) are as follows: The petitioner is a primary agricultural credit society registered as per the provisions of the KCS Act. Ext.P-1 order was issued under Sec.271 B for the assessment year 2015-16 against the petitioner.

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