Monthly Archives: April 2020

TRAN 1 filing allowed when not uploaded due to technical glitches : HC

By | April 1, 2020

  HIGH COURT OF GUJARAT Rohan Dyes & Intermediates Ltd. v. Union of India J.B. PARDIWALA AND BHARGAV D. KARIA, JJ. R/SPECIAL CIVIL APPLICATION NO. 19852 OF 2018 MARCH  11, 2020 Anandodaya S. Mishra for the Petitioner. Ankit Shah for the Respondent. ORDER Bhargav D. Karia – Rule returnable forthwith. Learned advocate Mr. Ankit Shah waives service of notice of rule… Read More »

GST offender Taxpayer released on bail on bond :HC

By | April 1, 2020

GST offender Taxpayer released on bail on bond Assessee arrested for offences committed under GST to be released on bail on execution of bond HIGH COURT OF GUJARAT Halari Mahammadusman Zubaibhai @ Usmanbhai v. State of Gujarat A.J. DESAI, J. R/CRIMINAL MISC APPLICATION NO. 16656 OF 2019 SEPTEMBER  13, 2019 N.D. Nanavaty, Sr. Adv. and Chetan… Read More »

Tran 1 filling allowed when it was not filed due to bona fide reason : HC

By | April 1, 2020

HIGH COURT OF KERALA A.F. Babu v. Union of India A.K. JAYASANKARAN NAMBIAR, J. W.P. (C). NOS. 27940 AND 28343 OF 2019 DECEMBER  13, 2019 Pramji Paul Vazhappilly , Adv. for the Petitioner. P. Vijayakumar, Adv. and P.R. Sreejith for the Respondent. JUDGMENT 1. As both these writ petitions involve a common issue they are taken up for consideration together and… Read More »

Rs 10000 Penalty for not updating Vehicle No. in Eway Bill

By | April 1, 2020

Mistake occurred for not updating vehicle no. in E-way bill is procedural lapse, liable to penalty of Rs. 10,000 only Appellate Authority – GST, HIMACHAL PRADESH OM Dutt v. ACSTE-Cum-Proper Officer ROHIT CHAUHAN, MEMBER 012/2019 ENDST. NO. EXN-005/2019-AA/GST FEBRUARY  14, 2020 Rajeev Prabhakar, Adv. for the Appellant. Sanjay Kumar for the Respondent. ORDER 1. At the outset, I would… Read More »

GST applicable on transaction between club & its members : AAAR

By | April 1, 2020

  APPELLATE AUTHORITY FOR ADVANCE RULING, MAHARASHTRA Assistant Commissioner, Central Tax v. Lions Club of Poona Kothrud SMT. SUNGITA SHARMA AND RAJIV JALOTA, MEMBER ORDER NO. MAH/AAAR/SS-RJ/32 /2018-19 APRIL  23, 2019 PROCEEDINGS (under section 101 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) At the outset, we… Read More »

Assessee can revise TRAN 1 as he can not file revise Service Tax Return : HC

By | April 1, 2020

The respondents are hereby directed to consider the claim of the petitioner for the amount of ITC of Rs. 99,46,810/- manually under Rule 7B of the Rules-1994, so as to enable the petitioner to take advantage of the order dated 7-2-2020 to revise the Form Tran-1 to be filed online on or before 31-3-2020. HIGH… Read More »

SLP dismissed due to low tax effect : SC

By | April 1, 2020

SUPREME COURT OF INDIA Principal Commissioner of Income-tax v. Nitrex Chemicals India Ltd. A. M. KHANWILKAR, HEMANT GUPTA AND DINESH MAHESHWARI, JJ. SLP TO APPEAL (C) NO. 13576 OF 2017 JANUARY  22, 2020 Arijit Prasad, Sr. Adv., Syed Abdul Haseeb, Adv., Mrs. Anil Katiyar, AOR and B.V. Balaram Das, AOR for the Petitioner. Venketesh Chaurasia, Adv. and Jay Kishor Singh, AOR for the Respondent. ORDER… Read More »

Provision for Pay Revision is allowable Business Exp :HC

By | April 1, 2020

The position in the current case is that the liability had already arisen with certainty. The committee was constituted for the purpose of wage revision. That the wages would be revised was a foregone conclusion. Merely because the making of the report and implementation thereof took time, it could not be said that there was… Read More »

Trust registration can’t be cancelled because selling milk from Gaushalas : ITAT

By | April 1, 2020

The ld. CIT (Exemptions) has passed the impugned order on the ground that the purchase and sale of milk, milk product, cattle feed etc. does not come under the object of the assessee trust. Held where there is no dispute about the activities being carried out by the assessee trust and it has maintained 11… Read More »