Monthly Archive: November 2020

Is the term ‘drug’ also includes ‘bulk drug’ and is entitle for concessional rate of GST? HIGH COURT OF KARNATAKA passed an order on Oct 21, 2020 IN RE, BIOCON LTD.

IN RE, BIOCON LTD. HIGH COURT OF KARNATAKA D. P. NAGENDRA KUMAR (M) AND M.S. SRIKAR (M) Order No. KAR/AAAR/Appeal-06/2020-21 Oct 21, 2020 Sections 98 and 100 of the Central Goods and Services Tax Act 2017 Decision in favour of:…
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100, 98, Central Goods and Services Tax Act 2017, HIGH COURT OF KARNATAKA, In favour of Assessee (Partly)

November 27, 2020

On what ground Bail is granted in the case of alleged evasion of GST? HIGH COURT OF DELHI passed the Order date 14 Nov, 2020 in the czse of SHISH AGGRAWAL vs. CGST.

SHISH AGGRAWAL vs. CGST HIGH COURT OF DELHI HARPREET SINGH, LD SR. SPP, HARSH SETHI AND SARVAPRIYA MAKKAR, LD COUNSEL Application received from the court of Ld ACMM-1/PHC/NDD as Ld. Duty MM on 13.11.2020 Order date 14 Nov, 2020 Section…
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1973, Code of Criminal Procedure, Section 437

November 25, 2020

How to file GST returns without depositing GST?

How to file GST returns without depositing GST? Answer: To know this kindly read the judgement dated 24.7.2020 by Kerala High Court in the case o Pazhodiyum Food Ventures Vs Supritendent Commercial Taxes (Kerala High Court) Pazhodiyum Food Ventures…
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November 21, 2020

Section 69A:क्या होगा जब बुक्स की क्रेडिट एंट्री के बारे में करदाता क्रेडिटवर्थनेस प्रमाणित कर देता है और कर निर्धारण अधिकारी अपनी फाइंडिंग को बिना बताए आय में एडिशन कर देता है? ITAT Delhi ने 10 नवंबर 2020 को VIKASH vs.ITO

VIKASH vs. INCOME TAX OFFICER IN THE ITAT DELHI BENCH ‘G’ SUDHANSHU SRIVASTAVA, JM & DR. B. R. R. KUMAR, AM. ITA No. 869/Del/2017 Nov 10, 2020 Section 69A AY 2011-12 Decision in favour of: Matter remanded Section 69A:क्या होगा…
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69A-Unexplained money, AY 2011-12, Delhi, In Favour of Assessee, In favour of remanded back, Unexplained Money-Sec 69A

November 20, 2020

क्या होगा जब पुन: कर निर्धारण के लिए धारा 148 का नोटिस गलत जगह भेजकर आईटीओ रिअसेसमेंट कर दे। 6 नवंबर 2020 को आईटीआई बेंगलुरु ने DIVYA S RAO vs. आईटीओ

DIVYA S RAO vs. INCOME TAX OFFICER IN THE ITAT BANGALORE BENCH ‘B’ B.R. BASKARAN, AM & BEENA PILLAI, JM. ITA No. 2384 to 2387/BANG/2018 6 Nov, 2020 Section 271[1], 274, 144, 147, 249(4)(b) AY 2008 – 09 Decision in…
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144, 147, 148, 271(1)(b), 271(1)(c), 271A, AY 2008-09, Bangalore Tribunal, In Favour of Assessee, invalid notice

November 17, 2020

ITAT DELHI Nov 6, 2020 held that Section 68 is applicable only when the explanation offered by him is not in the opinion of the Assessing Officer satisfactory in respect of the sum so credited / loan taken. The explanation offered by the assessee that the bank account and the capacity of the creditor who have given the loan amount was proved through ITR details of the said parties along with bank statements and confirmations which clearly shows the proper balance in their respective bank accounts and their capacity to loan the amount to any other party as well. Sum credited in the bank account of directors immediately before the issue of cheque to the appellant is not a ground to hold that sum received is unaccounted income. BMR PLYMERS (P) LTD. vs. ITO

BMR PLYMERS (P) LTD. vs. INCOME TAX OFFICER IN THE ITAT DELHI BENCH ‘A’ S. PANNU, VP & SUCHITRA KAMBLE, JM. ITA No. 5936/DEL/2017 Nov 6, 2020 Section 68, 133(6) AY 2012-13 Decision in favour of: Assessee …
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133(6), 68, AY 2012-13, Cash Credit, Delhi, Delhi Tribunal, In favour of Assessee (Partly)

November 13, 2020

Section 245D(4) HIGH COURT OF PATNA order dated 6.10.2020. If the Settlement Commissioner had all records before him, Revenue had duly made its representation, and the Settlement Commission had thereinafter accepted the settlement only way of reading the impugned sentence is that the matter was straightforward on the face of the record. Since the revenue had duly made its representation, and the Settlement Commission had thereinafter accepted the settlement, therefore, it cannot be reopened. It is also not disputed that the Settlement Commission necessarily was required to pass orders else the proceedings would have abated. Revenue has not pointed any finger of misconduct against any one of the members of the Settlement Commission. CIT & ANR. vs. INCOME TAX SETTLEMENT COMMISSION (IT&WT) & ANR.

COMMISSIONER OF INCOME TAX & ANR. vs. INCOME TAX SETTLEMENT COMMISSION (IT&WT) & ANR. HIGH COURT OF PATNA SANJAY KAROL CJ & S. KUMAR ORAL, J. Civil Writ Jurisdiction Case No. 10663 of 2009 Oct 6, 2020 Section 245A AY 2000-01…
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245D(4), High Court of Patna, In Favour of Assessee, Settlement Commission

November 9, 2020

Grounds of Appeal and Statement of Facts. XYZ

Grounds of Appeal, remand Rule 46A, statement of Facts General That the assessment order is void-ab-initio, invalid and illegal. That the appellant craves leave to amend, delete, add, substitute, modify or alter any one or more of the grounds of…
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November 9, 2020

Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or reassess any other income chargeable to tax which has escaped assessment and which comes to his notice. ITAT, DELHI BENCH in the case of Sheela Foam Ltd. v. DCIT. IT-CASES-217-2020

Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or…
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142(1), 143(2), 147, 148, Delhi, Delhi Tribunal, In Favour of Assessee

November 5, 2020