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Judiciary

GST: HC directs to not to invoke bank guarantee if there is time to file Appeal

July 16, 2018 2550 Views 4 comments Print

I, therefore, dispose of this Writ Petition holding that the respondent will not invoke the bank guarantee for three months. In the meanwhile the petitioner may make all efforts before the 7th respondent to get an interim protection, pending appeal — adjudication.

Addition for Bogus long-term gains from penny stocks cannot be made merely on suspicion

July 16, 2018 2331 Views 0 comment Print

Pramod Kumar Lodha Vs ITO (ITAT Jaipur) Decision of the AO holding the transaction as bogus and denying the claim of long term capital gain under section 10(38) of the Act is based on suspicion without any material evidence to controvert or disprove the evidence produced by the assessee. The enquiry conducted by the ITO […]

Notice U/s 143(2) issued prior to furnishing of return in response to Notice U/s. 148 is invalid

July 16, 2018 3756 Views 0 comment Print

ITAT held that since the notice u/s 143(2) of the Act was issued prior to the furnishing of return by the assessee in response to the notice u/s 148 of the Act. Therefore, the notice issued u/s 143(2) of the Act was not valid and the reassessment framed on the basis of said notice deserves to be quashed. We, therefore, quash the reassessment framed by the AO.

Addition for LTCG on mere surmises not justified

July 16, 2018 1224 Views 0 comment Print

Denial of assessee’s claim under section 10(38) on the basis of suspicion without any cogent material to show that the assessee had brought back its own unaccounted income in the shape of long-term capital gain was not justified.

Mere non production of Director of share holder company cannot justify addition u/s 68

July 16, 2018 1005 Views 0 comment Print

AO has remained sited with folded hands and has not made any independent enquiry from concerned AO of share holder company which itself is sufficient to knock off the addition made. On basis of this I have no hesitation to delete the additions of Rs 25,00,000 and Rs 45,000 made u/s 68

Meat supply in HDPE gunny bags cannot be treated as supply in unit containers

July 16, 2018 1569 Views 1 comment Print

In re M.U.N. Agro Industry Pvt. Ltd. (GST AAR Maharastra) Frozen meat of sheep / goat in HDPE gunny bag which do not indicate any information related to weight / number of carcass packed in such bags would tantamount to being as a product not put up in unit container and thus falls under chapter […]

SC on Rebuttal by Accused against Presumption in Cheque Bounce Cases

July 16, 2018 8577 Views 0 comment Print

Kishan Rao Vs Shankargouda (Supreme Court Of India) In the present case, the trial court as well as the Appellate Court having found that cheque contained the signatures of the accused and it was given to the appellant to present in the Bank of the presumption under Section 139 was rightly raised which was not […]

HC on uploading Form GST TRAN-1 to take credit of Transitional ITC

July 16, 2018 888 Views 0 comment Print

Schwing Stetter India Ptd. Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) The sum and substance of the prayer of the petitioners is that they are unable to upload Form GST TRAN-1 to take credit of the Input Tax /Service Tax/Central Excise Duty availed by them at the time of migration within […]

When sales are not doubted 100% disallowance for bogus purchase can’t be made

July 15, 2018 5673 Views 0 comment Print

This appeal by the assessee is directed against order of ld. Commissioner of Income Tax (Appeals)-1, Thane dated 13.07.2016 and pertains to the assessment year 2010-11

Addition for Share premium U/s. 68 cannot be made merely on the ground that directors of share subscribers did not turn up before AO

July 15, 2018 4038 Views 0 comment Print

ITO Vs. Wiz-Tech Solutions Pvt. Ltd (ITAT Kolkata)  The main plank on which the AO made the addition was because the directors of the share subscribers did not turn up before him. In such a case the Hon’ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and the Hon’ble […]

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