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Judiciary

No GST on right given for further sub-letting of property for residential purpose

October 17, 2018 14040 Views 0 comment Print

In re Complete Solutions Service Apartment Pvt. Ltd (GST AAR Haryana) Question: Whether the Residential Dwelling Unit taken on Lease from Various Individuals/Owners for Sub Leasing the same Residential Dwelling unit to Corporates as well as Individuals for Residential Purposes along with various amenities such as Furniture, Appliance, Cleaning, Security, Pest Control, AC Service etc. […]

SAT quashes Appeal filed by PWC, No Extension to carry out audit

October 17, 2018 1500 Views 0 comment Print

Price Waterhouse & Co. Bangalore LLP Vs SEBI (Securities Appellate Tribunal) 1. By this Miscellaneous Application Applicants / Original Appellants seek extension of the period of interim relief granted by this Appellate Tribunal vide order dated 15.02.2018. By the said order Applicants /Appellants were allowed to continue with the auditing assignments of their existing clients […]

Delhi HC allows manual GSTR-3B filing to enable Transitional credit claim

October 17, 2018 1815 Views 0 comment Print

Indusind Media Communications Ltd. & Anr Vs Union Of India & Ors. (Delhi High Court) The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; ITC reversed and the net ITC available. As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are […]

Validity of exclusive method of accounting for valuing closing stock

October 17, 2018 7434 Views 0 comment Print

Assessee was justified in following exclusive method of accounting for valuation of closing stock as entire exercise was tax neutral and there was no impact on the profitability of assessee due to method of accounting followed. 

S. 80IB(10) Deduction can’t be denied for mere non furnishing of Project Completion Certificate

October 17, 2018 1266 Views 0 comment Print

Sahara States – Hyderabad Vs Additional CIT (ITAT Hyderabad) As rightly observed by the Tribunal, though the assessee has completed the project by 31.03.2008 and had requested the local authorities for issuance of completion certificate since there was no provision under the GHMC Act of 1985 for issuance of completion certificate, the same was not […]

Delayed GST Refund attracts Interest: Gujarat HC issues notice to Centre, CBIC and GSTN

October 17, 2018 9834 Views 3 comments Print

While admitting a petition seeking interest / compensation for delay in both provisional as well as final refund of GST beyond stipulated period, the Gujarat High Court has issued notices to Centre, CBIC and GSTN.

Goods cannot be treated as Smuggled for mere non-maintenance of books

October 16, 2018 4875 Views 0 comment Print

UOI Vs Imtiaz Iqbal Pothiwala (Bombay High Court) We are of the view that in the absence of evidence in the form of regular Books of Account, Registration under the Income Tax and Sales Tax, etc., cannot ispo­facto lead to the conclusion that the seized gold bars, are smuggled gold bars. These may lead to proceedings for […]

NSEL scam bad debts: ITAT to ensure that effective inquiry is carried out by AO

October 16, 2018 3498 Views 0 comment Print

Omni Lens Pvt. Ltd Vs DCIT (ITAT Ahmedabad) Where the AO failed to discharge its obligation to conduct a proper inquiry to take the matter to logical conclusion, it is also the obligation of the first appellate authority and indeed that of ITAT to have ensured that effective inquiry is carried out on the subject […]

ITAT explains presumption theory that advances to sister concerns are made from own funds

October 16, 2018 2001 Views 0 comment Print

ACIT Vs Janak Global Resources Pvt. Ltd (ITAT Chandigarh) Where sufficient own interest free funds are available with the assessee, the presumption arises that the assessee had utilised those funds for the purpose of making interest free non business advances. Thus in very clear terms the Hon’ble Apex Court in the case of Hero Cycles […]

GST: Detention Process cannot be resorted if dispute is bona-fide

October 16, 2018 2361 Views 0 comment Print

The HC held that if the records he seizes truly reflect the transaction and the assessee’s explanation accords with his past conduct, for example, the returns he has filed earlier, the detention is not the answer.

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