Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2021 February Day 19 - Friday

TMI e-Newsletters FAQ
Login to see detailed Newsletter

TMI Tax Updates - e-Newsletter
February 19, 2021

Case Laws in this Newsletter:

GST Income Tax Service Tax Central Excise



Highlights / Catch Notes

  • GST:

    Cancellation of the Goods and Service Tax (GST) registration of the petitioner - This Court, therefor, does not wish to enter the domain of the authority and leaves all points in respect thereof open. So far as the personal hearing part before suspension is concerned the same is a statutory requirement which having not been complied with, the suspension part as indicated in the show cause notice for cancellation dated 2nd December, 2020 is bad in law and is set aside. - HC

  • GST:

    Validity of summon order - Competent officer / authority u/s 6(2)(b) of CGST Act 2017 - Jurisdiction - The investigations being conducted by competent Officers against the petitioner are not hit by provisions of Section 6(2)(b) of CGST Act, 2017 - there are no reason to interfere with the aforesaid investigations undertaken by the competent authorities against the petitioner under CGST Act, 201 - HC

  • GST:

    Attachment of bank account - One year passed - Section 83(2) - The respondents-Banks are directed to allow the petitioners to operate their bank accounts forthwith - HC

  • GST:

    Summon Order - seeking to take instruction as to the basic documents required by the Inquiry Officer, who is holding an inquiry u/s 70 - petitioners allege that they are co-operating with the CGST Authorities in the inquiry yet, they are being harassed being summoned to New Delhi and kept waiting for hours amidst the pandemic - Directions issued - HC

  • GST:

    Blocking of petitioner’s credit ledger - no reasons assigned for such blockage - reasons to believe - Rule 86A - for the purposes of Rule 86A(3) which stipulates that the blockage shall cease to have effect after the expiry of a period of one year from the date of blocking, the effective date shall continue to be 21.01.2020. - HC

  • GST:

    Grant of Anticipatory Bail - GST officer - taking bribe - connivance in evasion of GST - If the dealer is sure that the goods sent in transit and the documents accompanying will not be checked or verified, he has leverage of playing havoc with the collection of tax. The goods can be sent by preparing the documents which are not accounted for and on reaching the destination, the documents are done away with leaving no trail of the transaction. - The allegation in the present case are very serious. - it appears that the officials were being paid bribe on a monthly basis. - no case is made out for grant of pre-arrest bail. - HC

  • Income Tax:

    Exemption u/s 11 - assessee is a charitable Trust and it was granted registration u/s 12A - Denial of exemption as assessee is charging exorbitant interest rates on the loan given to the women - the rate of interest of 14% is the normal rate charged by the banks for its lending and hence the said rate cannot be considered to be at exorbitant rate, as observed by the tax authorities. - AT

  • Income Tax:

    Levy of penalty u/s 271(1)(c) - Capital gain on sale of property - Allegation of the AO that, return of income has not been filed voluntarily - There was a reasonable cause with the assessee for not filing the return originally within prescribed time as he holds a belief that his taxable income was below the taxable limit and no tax liability arises - Therefore, given the reasonable cause for non-filing the return of income, one of the essential conditions for invocation of explanation 3 to section 271(1)(c) is not satisfied - No penalty - AT

  • Income Tax:

    Penalty levied u/s 271AAB - assessee in the return of income has disclosed income on account of undisclosed jewellery - The assessee has neither earned any business income nor earned any income exceeding ₹ 50 lakhs so as to require mandatory filing of personal assets and liabilities or to maintain books of accounts; even the assessee is not required to otherwise disclose any such income before the date of search - Levy of penalty 271AAB is not valid - AT

  • Income Tax:

    Addition u/s 41(1) - additions towards sundry creditors as bogus - AO made the disallowance in question holding that the assessee had made payments in cash to 24 parties. However, the Ld. CIT (A) noted that the opening and closing balance of most of the parties remained unchanged - Order of CIT(A) deleting the additions sustained - AT

  • Income Tax:

    Assessment of HUF - protective addition in the hands of the assessee - additional evidence - The petition disposed off with the directions that the petitioners have been pursuing the remedy before this Court, hence if petitioners take recourse to remedy provided under the Act, within a period of four weeks, the issue of limitation shall not be allowed to come in the way of it's adjudication on merits - AT

  • Central Excise:

    Maintainability of petition - availability of an equally alternative remedy stipulated under the Statute - The petition disposed off with the directions that the petitioners have been pursuing the remedy before this Court, hence if petitioners take recourse to remedy provided under the Act, within a period of four weeks, the issue of limitation shall not be allowed to come in the way of it's adjudication on merits - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2021 (2) TMI 703
  • 2021 (2) TMI 701
  • 2021 (2) TMI 702
  • 2021 (2) TMI 700
  • 2021 (2) TMI 699
  • 2021 (2) TMI 698
  • 2021 (2) TMI 697
  • 2021 (2) TMI 696
  • 2021 (2) TMI 695
  • 2021 (2) TMI 694
  • 2021 (2) TMI 693
  • 2021 (2) TMI 692
  • 2021 (2) TMI 691
  • 2021 (2) TMI 690
  • 2021 (2) TMI 689
  • 2021 (2) TMI 688
  • 2021 (2) TMI 687
  • 2021 (2) TMI 686
  • 2021 (2) TMI 685
  • 2021 (2) TMI 684
  • 2021 (2) TMI 683
  • Income Tax

  • 2021 (2) TMI 679
  • 2021 (2) TMI 678
  • 2021 (2) TMI 677
  • 2021 (2) TMI 676
  • 2021 (2) TMI 675
  • 2021 (2) TMI 674
  • 2021 (2) TMI 673
  • 2021 (2) TMI 672
  • 2021 (2) TMI 671
  • 2021 (2) TMI 670
  • 2021 (2) TMI 669
  • 2021 (2) TMI 668
  • 2021 (2) TMI 682
  • 2021 (2) TMI 667
  • 2021 (2) TMI 666
  • 2021 (2) TMI 681
  • 2021 (2) TMI 665
  • 2021 (2) TMI 664
  • 2021 (2) TMI 680
  • 2021 (2) TMI 663
  • Service Tax

  • 2021 (2) TMI 704
  • Central Excise

  • 2021 (2) TMI 662
  • 2021 (2) TMI 661
 

Quick Updates:Latest Updates