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Judiciary

Bogus billing under GST : HC reject Bails application

December 13, 2018 9195 Views 0 comment Print

They have made bogus billing and adjusted the amount without any transportation of the goods or sale of goods etc. Only paper transactions were done and amounts have been adjusted and wrongly claimed relief of more than Rs. 80 crores.

Cenvat Credit on goods purchased but not received is Bogus & not allowable

December 12, 2018 885 Views 0 comment Print

Goods in question were never received by the assessee in its factory and therefore, the assessee’s claim of having consumed the same was not genuine.

HC disposes writ as grievance of petitioner against retrospective effect to rule 96 no longer survives

December 12, 2018 2628 Views 0 comment Print

Zaveri and Co Pvt. Ltd. Vs Union of India (Gujarat High Court) 1. Mr. Uchit Sheth, learned advocate for the petitioner has submitted that the petitioner has challenged rule 96 (10) (b) of the Central Goods and Service Tax Rules, 2017 insofar as the same has been given retrospective effect. It was pointed out that […]

Deduction U/s. 54F can be claimed against Gain on Multiple Assets in Multiple Years

December 12, 2018 17382 Views 1 comment Print

Shri Pankaj Chimanlal Patel (HUF) Vs DCIT (ITAT Ahmedabad) The essential controversy in the instant case is whether deduction under 54F of the Act is available in respect of capital gains arising from sale of more than one long term capital assets, not being residential house (original asset) against the construction or purchase of one […]

3 year delay in Section12A registration application condoned by HC

December 12, 2018 4809 Views 0 comment Print

Delay of three years in filing of application for registration under section 12A was condonable as assessee which was enjoying exemption from income-tax from its inception was suddenly faced with the prospect of being made liable under the taxing statute and due to same, assessee had filed applications under Section 12AA with considerable delay. 

CESTAT upheld Disallowance of credit on rent-a-cab service to Wipro

December 12, 2018 1119 Views 0 comment Print

Wipro Enterprises Vs Commissioner of GST & Central Excise Chennai Outer (CESTAT Chennai) The appellant is aggrieved by the disallowance of credit on rent-a-cab service. 2. On behalf of the appellant, Shri R. Rajesh, Head – Taxation of the appellant-company appeared and argued the matter. He submitted that the appellant is engaged in manufacture of […]

Recovery proceeding should not be initiated till disposal of stay petition

December 12, 2018 1290 Views 0 comment Print

I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition.

S. 68 Cash Receipt from Debtors: Addition justified on failure to prove

December 12, 2018 8328 Views 0 comment Print

Addition under section 68 on aacount of entire credits shown by assessee in form of realization from debtors was justified as the onus was primary on assessee to prove that the said cash was sourced by realization from debtors, which had not been proved by assessee except making an oral statement and taking credence from the entries passed by him in the books of accounts. 

GST Payable on Cross Charge of Employee Salary : AAAR

December 12, 2018 24924 Views 1 comment Print

The India Management Office (IMO) of the Appellant is providing a service to its other distinct units by way of carrying out activities such as accounting, administrative work, etc with the use of the services of the employees working in the IMO, the outcome of which benefits all the other units and such activity is to be treated as a taxable supply in terms of the entry 2 of Schedule I read with Section 7 of the CGST Act.

Share issue expenses can be claimed u/s 35D by banks as preliminary expenses

December 11, 2018 5415 Views 0 comment Print

Deduction under section 35D for amortisation of preliminary expenses in connection with the issue of shares for public subscription was allowable to assessee bank extending financial services. 

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