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Judiciary

Penalty cannot be imposed for Bonafide omission during return filing, surfaced during Section 148/148 Assessment

January 25, 2018 3942 Views 0 comment Print

In the instant case, nothing is on record to show that there was any malafide intention on the part of the assessee to conceal the income or furnish inaccurate particulars of income and there was an omission while filing the return of income which was rectified through challan on the very date of passing the assessment order.

Supply of goods imported into territory of India, till they cross customs frontiers of India is supply in the course of inter-State trade or commerce

January 25, 2018 5769 Views 0 comment Print

In Re. M/s Parsan Brothers (GST AAR Andhra Pradesh) As per Section 7 (2) of the Integrated Goods and Service Tax Act, 2017– Supply of goods imported into the territory of India, till they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade […]

GST payable on outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships

January 25, 2018 3096 Views 0 comment Print

M/s Fairmacs Ship Stores Private Limited (GST AAR Andhra Pradesh) (i) The applicant are not exempted from tax under GST on their outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships (ii) The applicant can collect the applicable GST from their customers, in case it […]

Section 54F deduction not allowable if Purchase of new property not concluded

January 25, 2018 2964 Views 0 comment Print

Mahesh Malneedi Vs ITO (ITAT Hyderabad) As far as the assessee is concerned, he was aware of the bank loan and also the default committed by the vendor in repaying the loan. Thus, the property was not without an encumbrance as on the date of filing of the return and there was no certainty of […]

SC Stays Petitions challenging GST on Advocates

January 25, 2018 1578 Views 0 comment Print

The Supreme Court, last day stayed all the proceedings pending before the Delhi and Chattisgarh High Courts relating to petitions challenging the levy of Goods and Services Tax (GST) on services provided by individual lawyers or firms.

Doctrine of Revenue Neutrality Applicable when Assessee gets no benefit by not reversing cenvat credit on inputs

January 24, 2018 10071 Views 0 comment Print

By these Appeals under Section 35G of the Central Excise Act, 1944 (hereinafter referred to as, the said Act), the assessee is challenging the final order dated 21st July, 2015 of the Customs, Excise and Service Tax Appellate Tribunal, Mumbai (CESTAT). After hearing both sides, we are of the view that the Appeals raise substantial questions of law.

Reopen GST portal to file revised Trans 1: Allahabad HC

January 24, 2018 52758 Views 49 comments Print

Petitioner requests to extend the time period for filing of GST Tran-1 because his application was not entertained on the last date i.e. 27.12.2017 and he has filed his complete application for necessary transactional credit.

Delhi HC set-aside order Revoking Customs Broker License for mis-declaration in consignment

January 23, 2018 1062 Views 0 comment Print

M/s KVS Cargo Vs. Commissioner of Customs (Gen) (CESTAT Delhi) During the course of investigation, statements of both S/Shri Dinesh and Vinod Kumar have been recorded more than once. Both the persons have admitted the fact that Shri Vinod Kumar is the owner of the imported goods but Shri Dinesh was shown as proprietor of […]

Section 92B- Deemed international transaction- Termination of Option rights under agreement

January 23, 2018 50802 Views 0 comment Print

Vodafone India Services Pvt Ltd Vs. DCIT (ITAT Ahmedabad)  97. The question that we really need to address ourselves to is whether the above arrangement constitutes an ‘international transaction’. However, before we do so, it is only appropriate that we take a look at the relevant definitions under the Income Tax Act, 1961. Section 92 […]

Directions of JCIT or CIT cannot only be reason to believe for reopening of assessment

January 22, 2018 1968 Views 0 comment Print

In the present case, a perusal of reasons for initiating reassessment proceedings clearly show that they are against the sprit of provisions of section 147 of the Act. The AO has issued notice under section 148 of the Act on the directions of JCIT and CIT. The learned Members of the ITAT held that in our considered opinion the notice issued under section 148 of the Act was bad in law and the subsequent proceedings arising there from are vitiated.

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