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Judiciary

Delhi HC on petition by Tour Operator on anomalies in Input Tax Credit

December 20, 2017 4071 Views 0 comment Print

D. Pauls Travel & Tours Ltd. Vs. Union Of India & Anr. (Delhi High Court) The petitioner submits that it is in the business of booking tours and hotel packages for customers. They charge IGST from customers for bookings in hotels located outside Delhi. However, they are unable to avail input tax credit on the […]

Assessment made without calling any specific document and and merely for non-furnishing of documents before Enforcement Wing Officials is invalid

December 20, 2017 1308 Views 0 comment Print

The Madras High Court, while quashing an assessment passed under Tamil Nadu Value Added Tax Act (TNVAT), ruled that Assessing Officer, being an Independent Authority, cannot be compelled to follow the direction of the enforcement authority and the court quashed the assessment.

Section 80-IB(10) deduction could not be denied for Genuine delay due to error on Income Tax website

December 20, 2017 1131 Views 0 comment Print

Meera Enterprises Vs. ITO (ITAT Mumbai) The Chartered Accountant had prepared the return along with the necessary annexures on 15-10-2010 but due to heavy pressure on computer server of the Centralized Processing Center (CPC) Income Tax Department, Bangalore, the return filing was slow till 8 p.m. Thereafter the Chartered Accountant tried to upload the income […]

Source of agricultural income cannot be denied merely for non-depositing of same in bank account

December 20, 2017 4500 Views 0 comment Print

While hearing the case of Sri Chilukurthi Veeraiah vs. Income Tax Officer, Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) held that Assessing Officer (AO) should give reasonable opportunity to produce evidence to assessee to examine source of gift.

TVAT: Sale of Equipments to Govt Educational Institutions attracts concessional VAT

December 20, 2017 1170 Views 0 comment Print

It is also an admitted fact that no such condition has been imposed in the notification, dated 20.12.1975 that the registered dealers engaged in sale of the above said goods, have to produce ‘C’/’D’ Forms for claiming concessional rate of tax.

GST: Penalty cannot be imposed for absence of Transit Declaration Form- HC

December 20, 2017 4881 Views 0 comment Print

M/S Ramdev Trading Company And Another Vs. State Of U.P. (Allahabad High Court) Penalty and seizure is not sustainable for movement of goods without Transit Declaration Form (TDF) unless there exists malafide intention to evade taxes. In absence of any allegation or evasion of tax being made against the petitioner at the stage of detention […]

Addition for capital contributed by partner in assessee firm not justified

December 20, 2017 3888 Views 0 comment Print

If AO was not satisfied regarding transaction relating to the cash deposited by partner whose identity was not in doubt and assessee had furnished all the relevant documents, then addition could have been made in the hands of said partner and not in the hands of the assessee.

Date of Transfer in JDA when assessees merely entitled to a specified constructed space

December 20, 2017 1242 Views 0 comment Print

Atluri Usha Rani Vs Asst. CIT (ITAT Hyderabad) I have carefully considered the rival submissions and perused the record. I have also carefully perused the development agreement-cum-GPA. The said agreement shows that the builders and developers have to bear all the expenditure for preparation of the said plan, obtaining licenses, permissions as well as execution […]

ITAT found conduct of AO in Tax Recovery case of pre-empting it from dealing with Stay application

December 20, 2017 2580 Views 0 comment Print

With this common order we will dispose of the captioned applications of the assessee seeking stay for the recovery of outstanding tax demand for assessment year 2009-10 & 2013-14 respectively.

HC cannot dismiss an appeal without going in merits of the same, which was dismissed by ITAT for non-removal of defects

December 20, 2017 1278 Views 0 comment Print

We are of the considered opinion that this was not a correct approach of the High Court for the simple reason that merely because one authority has followed its own decision in another case and that matter in appeal has been dismissed on technical grounds still the High Court has to decide the question on merits.

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