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Judiciary

Proof of exports for fulfilment of EO – Absence of Bill of Export not fatal

August 30, 2019 4206 Views 0 comment Print

Bombay High Court has directed the DGFT to issue export obligation discharge certificate in a case where the Additional DGFT was satisfied that the petitioner had fulfilled the export obligation but denied the benefit of fulfilment of export obligation only on the ground of non- furnishing of bill of export,

Date of issuance of completion certificate will be date of property completion

August 30, 2019 7278 Views 0 comment Print

Whether the sale / booking of units in a project after its first occupation and receipt of advance against that booking is classifiable under Para 5 of Schedule-III to the CGST Act, 2017 as sale of building and thus neither regarded as Supply of goods nor supply of services? Thus whether the same is outside the purview of Goods and Services Tax?

Reassessment invalid if section 148 notice not served within stipulated period

August 30, 2019 2439 Views 0 comment Print

Though AO had issued notice under section 148 on 26-3-2014, i.e., within period of six years from the end of relevant assessment year, however, it was returned unserved by postal authorities and even notice by affixture was also served on 4-4-2014 and there was no report of AO containing names and addresses of witnesses having identified the property, therefore, in the absence of section 148 notice served within stipulated period, reassessment proceedings were invalid.

HC dismisses writ filed as alternate remedy except to file present writ petition was exist

August 29, 2019 879 Views 0 comment Print

Sri Nayaz Ahmed Vs  State of Karnataka (Karnataka High Court) State counsel to accept notice for respondents. 2. In the instant petition, the petitioner has sought for quashing the Order, dated 4-2-2019 vide Annexure-C, passed under section 83(1) read with section 5(3) of Karnataka Goods and Services Act of 2017 (hereinafter referred to as ‘the Act’). 3. Petitioner has […]

Sec.145: Estimation of income should be on reasonable/Comparable basis

August 29, 2019 7050 Views 0 comment Print

When the books of accounts was rejected, the income of assessee was to be estimated on some reasonable basis for which comparable case and history of assessee could be taken as a guide. Thus, the N.P rate @ 8% applied by the authorities below was without any basis and material on records, the same was rejected and was considered fair to apply an average rate of earlier two years which was 3.50%.

Delay due to improper legal advice should be condoned

August 29, 2019 2475 Views 0 comment Print

DCIT Vs Atlas Copco (India) Limited (ITAT Pune) The assessee has raised a legal ground challenging the validity of assessment order passed u/s.143(3) r.w.s. 144C of the Income-tax Act, 1961 (hereinafter also called `the Act’). The moot point is as to whether such a long delay deserves condonation. At this stage, it is relevant to […]

Open GST Portal to enable petitioner to again file Form GST TRAN-1

August 29, 2019 720 Views 0 comment Print

Garuda Packaging Pvt Ltd Vs Assistant Commissioner Of Central Tax (Andra Pradesh High Court) Writ Petition is disposed of directing the respondents to either open the Portal to enable the petitioner to again file the Form GST TRAN-1 electronically or in the alternative accept the Form GST TRAN-1 presented manually, on or before 30.09.2019. It […]

HC order without framing substantial question of law and without passing reasoned order is invalid

August 29, 2019 1689 Views 0 comment Print

High Court in the absence of any discussion or/and the reasoning/ground as to why the order of ITAT did not suffer from any illegality and why the grounds of Revenue were not acceptable and why the appeal did not involve any substantial question(s) of law or though framed could not be answered in Revenue’s favour, the impugned order dismissing the Revenue’s appeal suffered from jurisdictional errors and, therefore, legally unsustainable for want of compliance of the requirements of sub-sections (4) and (5) of Section 260A.

ITAT suggests creation of Tax Advisory Cell & Tax Compliance Scheme

August 29, 2019 795 Views 0 comment Print

Smt. Asha Gandhi Vs The ITO (ITAT Chandigarh) Conclusion: Tribunal urged State to remove violations of tax laws by new assessees such as part time enterprising housewives, illiterate, semi-skilled men/women or teenagers by highlighting the concepts of agents of economic change; creation of Tax Advisory Cell; and coming out with Policy/Tax Compliance Scheme for the […]

GTA Service provider cannot avoid GST by not issuing LR/GR/consignment note

August 29, 2019 12768 Views 0 comment Print

In re M/s K M Trans Logistics Private Limited (GST AAR Rajasthan) 1. Does Transportation by own vehicles on the basis of Invoice(s) and E-way Bill without issuing the LR/GR by the Applicant Transporter will covered under exempted supply/non GST supply? To issue an E-way bill, it is mandatory to mention the transport document number […]

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