Follow Us:

Judiciary

Proof of not been able to upload form Tran-1 due to technical glitches, not mandatory

December 17, 2019 2634 Views 0 comment Print

A. B. Pal Electricals Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) as per Notification No. 49/2019 dated 09.10.20 19 issued by CBIC, the date prescribed for filing of Form GST TRAN-1 under Rule 117 (1A) of the CGST Rules has been extended to 3 1.12.2019. This itself demonstrates that the Respondents […]

Whether printing of advertising material is a supply of service under GST

December 17, 2019 3648 Views 0 comment Print

In re Macro Media Digital Imaging Pvt. Ltd. (GST AAAR West Bangal) In the present case, the Appellant prints the content provided by the recipient on the base of PVC, paper, etc., where it provides both the printing ink and the base material. There cannot be any doubt that the content that is printed on […]

Receipt for relinquishing secretaryship of educational society is taxable

December 17, 2019 984 Views 0 comment Print

H.S. Ramchandra Rao Vs CIT (Supreme Court) Amount received by assessee for relinquishing secretaryship of educational society cannot be treated as a capital receipt. The substance of the admission is that the appellant was holding the post of Secretary of the Institution [Paramahamsa Foundation (R) Trust] until 1996 but he left the institution after new […]

Writ petition not maintainable if Excise authorities has not passed adjudication order within Limitation period

December 17, 2019 1893 Views 0 comment Print

Sunder System Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) Sub-section 4B to Section 73 of the Fin Act fixes the time or limitation period within which the Central Excise Officer has to adjudicate and decide the show cause notice. The time period fixed under Clause A or B is six months […]

Assessee cannot be deprived of Transitional Credit : HC

December 17, 2019 1044 Views 0 comment Print

Soni Traders Vs Union of India & Ors. (Delhi High Court) it emanates that the Respondents have no cogent ground to deny the benefit of the Notification No. 49/2019 dated 09.10.2019 issued specifically to grant relief to taxpayers who faced difficulty in filing Form GST TRAN-1 due to technical glitches. Credit standing in favour of an […]

Patiala Courts grants Bail in case of alleged GST evasion via bogus ITC

December 16, 2019 1395 Views 0 comment Print

CGST Vs Sudhir Kumar Aggarwal (Patiala House Court) Ld counsel for the applicant/accused submitted that the applicant/accused has been falsely implicated. Ld counsel submitted that on various occasions the accused/applicant joined the investigation with the complainant department. Ld counsel submitted that the accused was coerced to give statement on 16.11.2019, however, the said statement has […]

Expense on Conducting of samagams and spiritual discourses by Trust allowable

December 16, 2019 1467 Views 0 comment Print

CIT Vs Bhagwan Shree Laxmi Narain (Delhi High Court) Conducting of samagams and spiritual discourses are part of religious activities and religious activity in the context of the Hindu religion need not be confined to the activities incidental to a place of worship only, like a temple. It is not in dispute that the activities […]

Section 54: Assessee cannot be treated ‘absolute owner’ of Jointly owned property

December 16, 2019 6018 Views 0 comment Print

Ashok G. Chauhan Vs Asst. CIT (ITAT Mumbai) In the present case, admittedly the flat at Goa was not fully and wholly owned by the assessee as the same was initially owned co-jointly in the name of assessee and his wife. Admittedly, it is nobody’s case that wife was benami of the assessee. Therefore, the […]

HC allows filing of TRAN-1 to appellant to allow him avail un-utilized ITC

December 16, 2019 3030 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GST-3B Forms to be filed for the month of January,2020 either electronically or manually.

Give TDS credit despite failure of deductor to upload correct details in Form 26A: SC

December 16, 2019 4152 Views 0 comment Print

Bombay HC  held that in case, the deductor has failed to upheld the correct details in form 26­AS the benefit should be given  to  the  assesssee  on  the  basis  of  evidence  produced  before  the Department.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031