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Judiciary

No penalty for mere clerical error in E way Bill: GST Appellate Authority

October 31, 2019 3351 Views 0 comment Print

Uttarakhand GST Appellate authority set aside penalty order under section 129 for clerical error in e way bill. In the E way bill Inward supply was selected instead of outward supply. Joint Commissioner (Appeal), State Tax, Rudrapur, in light of Circular No.- 64/38/2018; Dated 14-09-2018, quashed the order of Assitant commissioner demanding integrated tax and Penalty of Rs 1,29,915 each under section 129 and instead levied a general penalty of Rs 1,000/- on the Appellant.

No concession GST Rate benefit on Business purpose work of Government Entities

October 31, 2019 843 Views 0 comment Print

In re GVS Projects Private Limited (GST AAR Andhra Pradesh) 1. Whether APSPDCL & APEPDCL is a Government authority/ Government Entity or not? The Applicant Contractees i.e. APSPDCL and AEPDCL are Government Companies i.e. wholly owned by the Government of Andhra Pradesh. When a copy of Audited Annual Accounts of M/s APSPDCL and APEPDCL are […]

ITC eligible on purchase/fabrication of motor vehicle used for carrying cash & bullion

October 31, 2019 1194 Views 0 comment Print

In re CMS Info Systems Ltd (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling hold that Input Tax credit against the GST paid on purchase and fabrication of the motor vehicle used for carrying cash and bullion is available to the appellant. Read AAR Order : GST applicable on Supply of motor vehicles as […]

GST ITC on purchase & fabrication of motor vehicles, used for carrying cash & bullions

October 31, 2019 3162 Views 0 comment Print

AAAR hold that Input Tax Credit against the GST paid on the purchase, and fabrication of the motor vehicles, used for carrying cash and bullions, is available to Appellant.

GST Evasion: HC denies Bail in alleged Turnover under reporting case

October 31, 2019 1815 Views 0 comment Print

Looking to the alleged huge tax evasion by the applicant and the contention of the learned counsel of the respondent and keeping in view that the investigation is going on and apprehensions of applicant tampering with the evidence can not be ruled out. So, this Court is not inclined to grant bail to the applicant at this stage. Hence, the bail application of the applicant is rejected.

Penalty cannot be levied on ground which was not raised

October 31, 2019 1431 Views 0 comment Print

In this case assessee was asked to explain penalty on one count, whereas Penalty has been levied on other count. This itself called for quashing of penalty order passed by AO for all years under consideration. Therefore, penalty order was quashed and set aside.

All transactions in penny stocks cannot be regarded as bogus for SCAM in some penny stocks

October 31, 2019 5025 Views 0 comment Print

Shri Vijayrattan Balkrishan Mittal Vs DCIT (ITAT Mumbai) The issue for consideration before us is whether in such cases, the legal evidence produced by the assessee has to guide our decision in the matter or the general observations based on statements, probabilities, human behavior and discovery of the modus operandi adopted in earning alleged bogus […]

AO justified in sending notice at address mentioned in PAN database

October 31, 2019 4983 Views 0 comment Print

Mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient.

Disallowance U/s. 40(a)(ia) cannot be made for non-compliance with requirements of Section 194C(7)

October 31, 2019 1881 Views 0 comment Print

Whether the Tribunal is correct in not confirming the disallowance under Section 40(a)(ia) made by the Assessing Officer when the assessee did not comply with requirements of Sub-Section 7 of Section 194C read with Rule 31A?.

Accepted cash deposits above Rs. 20000- Section 271D penalty leviable

October 30, 2019 3381 Views 0 comment Print

Assessee could not establish any ‘reasonable cause’ with respect of acceptance of the deposits in cash, exceeding the permissible limit, imposition of the penalty was re-affirmed.

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