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- 2020 (11) TMI 834 - ALLAHABAD HIGH COURT
Detention of goods alongwith vehicle - goods were not accompanied by the relevant E-way bills - Section 129(3) of the U.P. GST Act - HELD THAT:- A perusal of the appellate order shows that the Appellate Authority has decided the appeal in the absence of the counsel for the appellant. There is no reasons not to believe the version of the counsel for the petitioner to the extent that the counsel for the appellant could not appear on account of his suffering from high fever and no useful purpose would be served in keeping the present writ petition pending. The matter is remanded to the Appellate Authority to decide the appeal afresh, after affording an opportunity of hearing to the counsel for the appellant - Petition allowed by way of remand.
- 2020 (11) TMI 833 - RAJASTHAN HIGH COURT
Grant of Bail - allegation of fraudulent availment of input tax credit - passing of forged GST - HELD THAT:- Taking into consideration the nature of allegations against the petitioner, his length of custody, the pendency of investigation, the offence being compoundable and the severity of punishment under Section 132 of the CGST Act; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. The bail application is allowed and it is directed that accused-petitioner Subhash Chandra Tyagi S/o Late Shri Chiranji Lal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ₹ 1,00,000/- together with two sureties in the sum of ₹ 50,00....... + More
- 2020 (11) TMI 832 - PUNJAB AND HARYANA HIGH COURT
Provisional attachment of petitioner's Bank Account - Section 83 of the Central Goods and Services Tax Act, 2017 - HELD THAT:- Respondent No.1 states that if directions are issued by the Court for time-bound disposal of the above representation, it will be abided by promptly. It is directed that the aforementioned representation of the Petitioner be decided by a reasoned order not later than 4th December, 2020 and the decision thereon be communicated to the Petitioner not later than 8th December, 2020. The submissions of the Petitioner in the present petition and any additional submissions the Petitioner wishes to make in writing within the next two days, shall also be taken into account while passing such order. Petition disposed off.
- 2020 (11) TMI 831 - KERALA HIGH COURT
Release of detained goods alongwith vehicle - expired E-way bill - HELD THAT:- It is clear from Rule 138(10) that the specific period for which an e-way bill is valid is evident from the table under that rule. Serial Nos.1 and 2 deals with cargo other than Over Dimensional Cargo [hereinafter 'ODC'] and serial Nos.3 and 4 with ODC. ODC is cargo having dimensions in excess of the vehicle in which it is carried. The contention of the appellant is that the amendment by which an insertion was made in 2019 takes in multimodal shipment in which at least one leg involves transport by ship and whether it be an ODC or goods other than ODC. Enabling proviso under Rule 138(10) - HELD THAT:- We perfectly agree with the submission of the learned Senior Government Pleader that this would only enable the consignee to update the e-way bill extendi....... + More
- 2020 (11) TMI 830 - RAJASTHAN HIGH COURT
Grant of Bail - input tax credit - fake firms - Offence under Section 132(1)(f) of the C.G.S.T. Act - HELD THAT:- It is directed that accused petitioners shall be released on bail provided each of them furnish a personal bond in the sum of ₹ 5,00,000/- together with two sureties in the sum of ₹ 2,50,000/- each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
- 2020 (11) TMI 829 - PATIALA HOUSE COURT
Grant of Bail - allegation of availment of inadmissible input tax credit - bail is sought on the ground that arrest of the accused was arbitrary and illegal as there is no adjudication of any tax liability outstanding or contravening of GST Act - HELD THAT:- The grant of bail requires striking a delicate balance between two conflicting interests, namely, on one hand. the liberty of an individual and on the other hand, the investigative rights of the prosecuting agency for the interest of the society. Although personal liberty and freedom of a person cannot be undermined, but at the same time, the legitimate rights of the investigative agency has to be taken due consideration of. The liberty of the individual is not absolute and same can be withdrawn if it is found to be creating an impediment in the rights of the prosecuting agency, The b....... + More
- 2020 (11) TMI 828 - COMMISSIONER (APPEALS) CENTRAL GOODS AND SERVICE TAX, JAIPUR
Permission for withdrawal of appeal - Revocation of cancellation of GST registration - non filing of returns for a continuous period of six months - non submission of reply to the show cause notice dated 20.12.2019 within the time specified therein - HELD THAT:- During the personal hearing appellant has stated that their CSTIN has been restored. The adjudicating authority has also submitted their report that the present status of GSTIN is active. Further, the appellant has also withdrawn their appeal vide mail dated 15.10.2020. Since, the jurisdictional authority has restored the said registration and the appellant has also withdrawn their appeal, Appeal is allowed to be withdrawn - appeal dismissed as withdrawn.
- 2020 (11) TMI 827 - KERALA HIGH COURT
Stay petition - grievance of the petitioner is that though Ext.P3 application for stay was heard on 31.10.2019, based on Ext.P4 notice dated 18.10.2019, the 2nd respondent is yet to pass orders on that application.HELD THAT:- This Court deem it appropriate to dispose of this writ petition by directing the 2nd respondent to conduct a re-hearing on Ext.P3 application for stay, with notice to the petitioner, within a period of two weeks from the date of receipt of a certified copy of this judgment, and pass orders on that application, within a further period of two weeks. The 2nd respondent shall also consider the request of the petitioner for early disposal of Ext.P2 appeal, considering the fact that he is a senior citizen aged 80 years.
- 2020 (11) TMI 826 - ITAT DELHI
Reopening of assessment u/s 147 - eligibility of reasons to believe - HELD THAT:- There is no infirmity in action u/s 148 of the Act wherein, there was a requisite information and the ld AO has applied his mind and found that there is reason to believe for the reopening of the assessment as according to AIR information assessee has deposited ₹ 1049000/- in his bank account with Laxmi Vilas Bank Ltd - There is no infirmity in the reopening of the assessment. Accordingly, ground No. 1 and 2 of the appeal are dismissed. Addition u/s 69 - unexplained source of cash deposit - HELD THAT:- Out of the above ₹ 2 lakhs the source of ₹ 26,000/- has been explained by the assessee whereas the balance of ₹ 174,000/- remains unexplained. In view of the above analysis, we direct the ld AO to delete the addition of ₹ 340,000/....... + More
- 2020 (11) TMI 825 - ITAT DELHI
Allowable business expenses OR capital expenditure - payment of forfeited amount earlier received by the assessee - HELD THAT:- The above claim of the assessee on account of repayment of forfeited amount earlier received by the assessee, taxed duly in AY 15-16, subsequently, those persons received forfeited amount from assessee, booked the real estate during the year and therefore, forfeited amount was returned by the assessee is definitely an expenditure which springs from the business of the assessee of the real estate. The above expenditure has been incurred by the assessee wholly and exclusively for the purpose of booking of a real estate, cannot be held to be a capital expenditure. Same forfeited amount received from the same person has already been taxed for AY 2015-16, when the same is returned during the current year on booking of....... + More
- 2020 (11) TMI 824 - ITAT DELHI
Direct Tax Vivad Se Vishwas Scheme - assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration- HELD THAT:- We have seen the letter dated 17.11.2020 along with Form 1 and 2 filed with income tax department. Considering the aforesaid situation, the present appeal is dismissed. However, this dismissal of appeal is subject to a caveat that in case the dispute relating to tax arrears for the present assessment year is not ultimately resolved in terms of the aforesaid Scheme, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application as per law. The Revenue has no objection with regard to the aforesaid caveat. Appeal of the assessee is dismissed.
- 2020 (11) TMI 823 - ITAT DELHI
Reopening of assessment u/s 147 - No proper recording of satisfaction by Principal CIT - eligibility of reasons to believe - HELD THAT:- It is difficult to make out as to what were the “reasons for belief that income has escaped assessment” with the AO on the basis of which Principal CIT has accorded sanction by merely writing “I am satisfied.” From the approval recorded and words used that "Yes. I am satisfied.", it is proved on record that the sanction is accorded in mechanical manner and Pr.CIT has not applied independent mind while according sanction as there is not an iota of material on record as to what documents he had perused and what were the reasons for his being satisfied to accord the sanction to initiate the reopening of assessment u/ss 147/148 of the Act. Even the AO has not applied his jud....... + More
- 2020 (11) TMI 822 - ITAT INDORE
Revision u/s 263 - transaction of cash deposit in the saving bank account by the respective assessee(s) - transaction arising out of family partition - CIT while initiating proceedings u/s 263 of the Act mentioned that “ no details and documents are found on record which could establish that the dates on which the amount was received by the assessee from his father and also the Ld. A.O did not examined the assessee on oath in connection with the veracity of the transaction” - HELD THAT:- A.O vide his notice dated 3.10.2016 issued u/s 143(2) of the Act enclosed a Annexure and through point No.13, the assessee was required to explain the source of cash deposit in his saving bank account. Along with this reply the assessee enclosed copy of bank pass book, copy of agreement of sale of agriculture land, copy of memorandum of family....... + More
- 2020 (11) TMI 821 - ITAT INDORE
Levying late fees u/s 234E - Late filing of TDS returns / statement - statement processed u/s 200A - delay in filing return for the period before 01.06.2015 - HELD THAT:- As decided in case of Executive Engineer & others [2019 (7) TMI 1678 - ITAT INDORE] Assessee is eligible for relief for deletion of fee levied u/s 234E of the Act as the returns are processed before 1.6.2015. - Appeal of assessee allowed.
- 2020 (11) TMI 820 - ITAT MUMBAI
Revision u/s 263 - addition on account of suppression of GP on accommodation entries - AO T axing only profit by estimating GP on alleged bogus purchase - Reopening of assessment on the basis of information received by Investigation Wing after search on Bhanwarlal Jain group - HELD THAT:- The Hon'ble Jurisdictional High court in the case of Mohommad Haji Adam & Co. [2019 (2) TMI 1632 - BOMBAY HIGH COURT] and Paramshakti Distributors Pvt. Ltd. [2019 (7) TMI 838 - BOMBAY HIGH COURT] has held that in case of bogus purchases, purchases cannot be rejected without distrusting the sales in case of a trader. The addition can be restricted to the extent of GP rate on such purchases to bring it at par with genuine purchases. In other words, it is only the profit element embedded in the bogus purchase bills that is to be brought to tax and t....... + More
- 2020 (11) TMI 819 - ITAT BANGALORE
Denial of claim of deduction u/s 10AA on transfer pricing adjustment made by the assessee voluntarily - HELD THAT:- We notice that an identical issue has been examined by the Bengaluru bench of Tribunal in the assessee’s own case in assessment year 2010-11 [2020 (5) TMI 548 - ITAT BANGALORE] and it has been decided in favour of the assessee by following the decision rendered by the Pune Bench of Tribunal in the case of Apoorva Systems Pvt. Ltd. [2018 (3) TMI 1031 - ITAT PUNE] - Decided against revenue.
- 2020 (11) TMI 818 - ITAT BANGALORE
Grant of recognition u/s. 80G rejected - assessee trust obtained registration under section 12AA - HELD THAT:- Impugned order of ld. CIT(E) is a non-speaking order. As rightly contended by the ld. counsel for the assessee, the generation of surplus and the fact that majority of receipts are by way of fees collection cannot be a ground to refuse recognition u/s. 80G - The assessee is admittedly existing for a charitable purpose of providing education. As rightly contended by the ld. DR, the impugned order is a non-speaking order and therefore it would be in the fitness of things to set aside the order of CIT(E) and remand back to him the issue of grant of recognition u/s. 80G of the Act to the assessee for fresh consideration. The CIT(E) will afford opportunity of being heard to the assessee before deciding the issue. Appeal of the assessee is treated as allowed.
- 2020 (11) TMI 817 - ITAT MUMBAI
Income from other sources u/s 56(2)(vii)(b)(ii) - difference between the market value and purchase consideration on the date of registration of sale - HELD THAT:- In the instant case the Proviso to sub clause (b) of section 56(2)(vii) of the Act gets attracted and the Stamp Duty value as on the date of booking the flat wherein the consideration was mutually agreed between the parties was fixed shall be taken for the purpose of sub clause (b). The assessee has also filed a report from the registered valuer, according to which the stamp duty value of the flat in August, 2012 has been determined at ₹ 98,68,000/. We find merit in the contentions raised by the assessee.The provision of Section 56(2)(vii)(b) of the Act does not envisage transfer of ownership for determination of stamp duty value. The determination of stamp duty value hing....... + More
- 2020 (11) TMI 816 - ITAT DELHI
Addition u/s 68 - unverified/non-existent /bogus sundry creditors in respect of six creditors on the ground that the assessee could not substantiate the identity and credit worthiness of the creditors and the genuineness of the transaction - HELD THAT:- Payments have been made by the assessee to the creditors in subsequent years and there is nothing on record to show that such payments made to the above parties have come back to the assessee in some form or the other. Books of account of the assessee has not been rejected and the addition u/s 68 of the Act has been made in respect of six creditors from whom the assessee has purchased goods, but, no payments have been made to those parties during the impugned assessment year and the assessee was unable to produce the above six parties before the AO during remand proceedings although three ....... + More
- 2020 (11) TMI 815 - ITAT KOLKATA
Addition under the head Railways Punitive charges - Whether compensatory in nature and allowable u/s 37 - observation of the A.O that punitive charges for overloading was penal in nature - HELD THAT:- Since the identical issue has been decided by the Coordinate bench in favour of the assessee by allowing the claim of damages in own case [2018 (10) TMI 672 - ITAT KOLKATA], respectfully relying upon the same we find no infirmity in the order passed by the Ld CIT(A) so as to warrant interference. Hence in the absence of any merit found in the appeal preferred by the revenue, the same is hereby dismissed. Addition u/s 14A r.w.r 8D - HELD THAT:- As in own case [2018 (10) TMI 672 - ITAT KOLKATA] not all investments become the subject-matter of consideration when computing disallowance under section 14A read with rule 8D. The disallowance under ....... + More
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