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Release goods on submission of bank guarantee for GST & penalty and bond for value of goods: HC

August 9, 2018 19458 Views 1 comment Print

Garuda Timber Traders Vs The Assistant State Tax Officer (Kerala High Court) Once the petitioner provides the bank guarantee for the tax and penalty and bond for the value of goods, under Rule 140 of the Rules, it will have the goods provisionally released. Besides, the petitioner can challenge the Ext.P9 before the appellate authority […]

Assessee liable to deduct TDS on perquisite Value of Motor Car

August 9, 2018 3354 Views 0 comment Print

Value of perquisite provided by the assessee company to its employees in the form of reimbursement of car running and maintenance charges was chargeable to tax in their hands and the assessee was liable to deduct tax at source from the said value.

Registration U/s. 12AA cannot be denied for non-filing of books & vouchers

August 9, 2018 6495 Views 0 comment Print

B.S.A. College Vs CIT (ITAT Agra) Under section 12AA, CIT (E) was entitled to see as to whether objects of assessee were charitable in nature, and also whether activities were genuine or not. Examination of genuineness of activities would mean to see that activities were not by way of camouflage or bogus or artificial and […]

Delay in filing appeal with ITAT due to time barring assessment work not acceptable

August 9, 2018 1935 Views 0 comment Print

It is simply stated in the application for condonation of delay that due to time barring assessment, the impugned order was overlooked and got barred by limitation.

Interest on Income tax refund cannot be taxed if same is withdrawn subsequently

August 9, 2018 2427 Views 0 comment Print

Lal Nathirmal Moolchandani Vs ITO (ITAT Mumbai) We find that the assessee has received an interest on refund for assessment year 2009-10 in the present assessment year on 31.03.2011. The said cheque was encashed subsequently. Subsequently, vide assessment order passed u/s. 143(3) on 08.12.2011 for the same assessment year a total demand of Rs.24,67,560/- was […]

Payment for delayed allotment of plot of land cannot be construed as ‘interest’

August 9, 2018 8088 Views 0 comment Print

The issue which falls for decision therefore is whether payment for delayed allotment of a plot of land by the Housing Board to an allottee will fall under the definition of ‘interest’ under section 2 (28A) of the Act.

Violation of natural justice renders Assessment void

August 9, 2018 4689 Views 0 comment Print

CIT Vs. Sunita Dhadda (Supreme High Court)  HELD by the Supreme Court: We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed. Held by the Rajasthan High Court: 5. Counsel for the respondent has relied upon the following judgments :- “1. CIT VS. Dinesh Kumar Sharma, […]

GST: Seized goods to be released on giving security equal to invoice value

August 9, 2018 1884 Views 0 comment Print

M/S Akash Traders Vs State Of U.P. (Allahabad High Court) Heard Shri Praveen Kumar, learned counsel for the petitioner and Shri C.B. Tripathi, learned Standing Counsel for the respondent. This writ petition has been filed by the petitioner to challenge the seizure order dated 30.12.2017 passed under Section 129(1) of U.P. GST Act (hereinafter referred […]

Penalty for Delay in Filing TDS Statement- Non-Availability of Staff not a valid defence

August 9, 2018 1284 Views 0 comment Print

Moreover, the change /lack of staff with the assessee-organization is not found substantiated by any evidence on record and such a reason, in our considered opinion, does not constitute to be a reasonable cause to file the TDS statements with such an inordinate delay.

GST on collection of Toll Charges as sub-contractor

August 9, 2018 33363 Views 0 comment Print

GST exemption on Toll Charges collected by Ankit Tandon & Tollways as a sub-contractor. Ruling under Notification No. 12/2017-Central Tax(Rate).

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