The following file is available for download: 37875_2018_39_1501_24602_Judgement_04-Nov-2020.zip

Download Info: The pdf file you want to download will be retrieved from the fastest server. The file can be downloaded in the zip format to save bandwidth. You will need winzip to extract the pdf after download. The file will be downloaded from Google Drive if possible. If there are any problems during download, please use the contact form to inform us


You may also be interested in the following downloads


RAJNESH VERSUS NEHA Supreme Court Order On Matrimonial Maintenance

The Apex Court on 4th November, 2020 in the case of Rajnesh Vs Neha & Another in a land mark decision regarding maintenance etc u/s 125 of CrPC issued guidelines regarding the following:-

General Guidelines and Directions

Issue of Overlapping Jurisdictions

Payment of interim maintenance

Criteria for determining quantum of maintenance

Date from which Maintenance to be awarded Enforcement of orders of maintenance

Final Directions

NOTIFICATION Of E-assessment Scheme, 2019

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 12th September, 2019
(INCOME-TAX)

S.O. 3264(E).–In exercise of the powers conferred by sub-section (3A) of section 143 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following Scheme, namely:__

1. Short title and commencement.–– (1) This Scheme may be called the E-assessment Scheme, 2019.

(2) It shall come into force on the date of its publication in the Official Gazette.

Download CBDT Circulars On Prosecution Of Offenses And Compounding Of Offenses Under Direct Tax Laws

Download CBDT Circular No. 24 12019 and Circular No. 25/2019 dated 9th September 2019

As per section 279(1) of the Act, the sanctioning authority for offences under Chapter XXII is the Principal Commissioner or Commissioner or Commissioner (Appeals) or the appropriate authority. For proper examination of facts and circumstances of a case, and to ensure that only deserving cases below the threshold limit as prescribed in Annexure get selected for filing of prosecution complaint. such sanctioning authority shall seek the prior administrative approval of a collegium of two CCIT/DGIT rank officers, including the CCIT/DGIT in whose j urisdiction the case lies. The Principal CCIT(CCA) concerned may issue directions for pairing of CCslT/DGIT for this purpose. In case of disagreement between the two CCITIDGIT rank officers of the collegium, the matter will be referred to the Principal CClT(CCA) whose decision will be final

For the purposes of this Circular, application can be filed in all such cases where a) prosecution proceedings are pending before any court of law for more than 12 months . or b) any compounding application for an offence filed previously was withdrawn by the applicant solely for the reason that such application was filed beyond 12 months, or

c) any compounding application for an offence had been rejected previous ly solely for technical reasons.

Download Judgement On filing declaration in Form GST TRAN-1 and TRAN-2

M/S SIDDHARTH ENTERPRISES THROUGH PARTNER MAHESH LILADHAR TIBDEWAL Versus THE NODAL OFFICER

The right to carry forward credit is a right or privilege, acquired and accrued under the repealed Central Excise Act, 1944 (1 of 1944) and it has been saved under Section 174(2)(c) of the CGST Act, 2017 and, therefore, it cannot be allowed to lapse under Rule 117 of the CGST, 2017, for failure to file declaration form GST Tran-1 within the due date, i.e. 27.12.2017.

The right to carry forward CENVAT credit for not being able to file the form GST Tran-1 within the due date offends the policy of the Government to remove the cascading effect of tax by allowing the input tax credit as mentioned in the Objects and Reasons of the Constitution 122nd Amendment Bill, 2014. The Objects and Reasons of the Constitution 122nd Amendment Bill, 2014 clearly set out that it is intended to remove the cascading effect of taxes and to bring out a nationwide taxation system.

(1) Section 140(3) of the CGST Act provides for a substantive right which cannot be curtailed or defeated on account of the procedural lapses.

(2) The entitlement of the credit of carry forward of the eligible duties is a vested right.

(3) The rights accrued under the existing law have been saved by the CGST Act.

(4) The right to carry forward the CENVAT credit is a constitutional right.

(5) It is arbitrary, irrational and unreasonable to discriminate in terms of the time limit to allow the availment of the input tax credit with respect to the purchase of the goods and services made in the pre-GST regime and post-GST regime and the same could be termed as violative of Article 14 of the Constitution of India.

(6) The doctrine of legitimate expectation also could be said to be violated.

(7) By not allowing the right to carry forward the CENVAT credit for not being able to file the form GST TRAN-1 within the due date would definitely have a serious impact on the working capital of the writ-applicants and such action could be termed as violative of Article 19(1)(g) of the Constitution of India.

(8) The liability to pay GST on sale of stock carried forward from the previous tax regime without corresponding input tax credit would lead to double taxation on the same subject matter.

(9) The action could be also termed as violative of Article 300A of the Constitution of India.

Rajendra Shah s/o. Ambalal Shah vs. The State of Maharashtra CRIMINAL WRIT PETITION NO.1528 OF 2016

The petitioner, the original accused No.6, challenges the order of issuance of process dated 24.5.2002 and the issuance of summons dated 3.11.2015 and prays that all proceedings and the orders are to be set aside in Criminal Case No.3847/SS/15 from the Court of Metropolitan Magistrate, 18 th Court, Girgaum, Mumbai. Respondent No.2, the Registrar of Companies, has filed this complaint under section 295 (4) of the Companies Act, 1956 for contravention of section 295 (4) of the Companies Act (for short, hereinafter referred to as ‘the Act’).

U/s 295(4) of the Act, a company needs to take prior sanction for giving loans to the other parties. However, there is a violation of the provisions under section 295 of the Act as the loans were disbursed by accused No.1 company to its sister concern. Accused Nos.7 and 8 are the companies to whom the loan is disbursed by the company, namely, M/s.Baron International Ltd. of which accused Nos.1 to 6 are the Directors. During inspection of the company’s books of accounts and the records taken on 3.11.1999 by the concerned officer from the Office of the Registrar of Companies, it was found that this disbursement of loans to accused Nos.7 and 8 was without prior sanction of the Registrar of Companies and therefore, criminal complaint is lodged on 24.5.2002

CBDT Circular No. 23 of 2019 (Penny Stocks Monetary Tax Limit)

Several references have been received by the Board that in large number of cases where organised tax-evasion scam is noticed through bogus Long-Term Capital Gain (LTCG)/Short Term Capital Loss (STCL) on penny stocks and department is unable to pursue the cases in higher judicial fora on account of enhanced monetary limits. It has been reported that in large number of cases, ITATs and High Court have recognized the unique modus operandi involved in such scam and have passed judgements in favour of the revenue

Download CBDT Guidelines for manual selection of returns for Complete Scrutiny

Cases selected for ‘Limited Scrutiny’ but credible specific information has been/is received from any law- enforcement/intelligence/ regulatory authority or agency regarding tax-evasion in such cases, then only issue(s) arising from such information can be exam ined during the course of conduct of assessment proceedings in such ‘Limited Scrutiny’ cases, with prior administrative approval of the Pr. CIT/CIT concerned

Download CBDT Office Memorandum Reg application under section 197 of Income Tax Act

Reference may be made to the Board’s Instruction No. 7 of 2009 dated 23.12.2009 vide which prior administrative approva l of Commissioner of Income Tax was prescribed for issue of certificate under section 197 of the Income -Tax Act, where the tax forgone exceeded specified thresholds.

Various administrative and systematic difficulties related to such amount of revenue forgone under the newly introduced system of online application uls 195/197 of the LT. Act 1961 in respect of non-resident taxpayers were brought to the notice of the Board

Transfer Order Of ITAT Members & Vice Presidents

Shri Pramod Kumar, Vice President, Income Tax Appellate Tribunal, Ahmedabad Zone
(with Headquarter at Mumbai) is transferred to ITAT Mumbai Benches as Vice President
(Mumbai Benches) w.e.f. 2nd September, 2019. Shri Pramod Kumar, Vice President will continue to hold additional charge of Vice President, ITAT Hyderabad Zone

Shri G.S. Pannu, Vice President, Income Tax Appellate Tribunal, Mumbai is transferred to ITAT Delhi Benches w.e.f. 2nd September, 2019 as Vice President (Delhi Zone). Shri G.S. Pannu, Vice President will continue to hold additional charge of Vice President, ITAT Chennai Zone

Download CBDT Consolidated circular No. 22/2019 dt. 30.08.2019 for assessment of Startups

In order to provide hassle-free tax environment to the Startups, a series of announcements have been made by the Hon’ble Finance Minister in her Budget Speech of 2019 and also on 23rd August, 2019. To give effect to these announcements, the Central Board of Direct Taxes (CBDT) has issued various circulars/clarifications in the matter. Circular No. 22/2019 dated 30th August 2019 consolidates all these circulars and further clarifies as under