Restoration of name of the company

 ELEGANT VENTURES PRIVATE LIMITED v.  REGISTRAR OF COMPANIES, MAHARASHTRA, MUMBAI - 2020 (9) TMI 365 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH - decided on 31.08.2020

Restoration of name of the company in the Register of Companies maintained by the Registrar of Companies, Mumbai - HELD THAT:- On perusal of the Report of Registrar of Companies, Mumbai,Audited Accounts submitted by the Petitioner Company and the documents placed on record, the Bench has observed that company has Revenues from operation,Tangible Fixed Assets & Current Assets its Books of Accounts.Therefore, it would be just, equitable and in the interest of justice to provide an opportunity to the company to rectify its defaults and continue the business.

Petition allowed.

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TDS ON REIMBURSEMENT OF EXPENSES

 ANNAVARAPU ENTERPRISES v.  INCOME TAX OFFICER WARD-2 (4) VIJAYAWADA - 2020 (9) TMI 368 - ITAT VISAKHAPATNAM - decided on 26.06.2020

TDS u/s 194C and 194A - TDS on reimbursement of expenses - Addition u/s 40(a)(ia) - HELD THAT:- This appeal was decided without being personally heard the assessee. Further the Ld.AR submitted that on identical issue in the case of M/s Annavarapu Enterprises (198 [2017 (8) TMI 1613 - ITAT VISAKHAPATNAM] this Tribunal has decided the issue in favour of the assessee. Similarly, the Ld.CIT(A) for the A.Y.2006-07 and 2008-09 in the case of M/s Annavarapu Enterprises (1989) decided the appeal in favour of the assessee and deleted the addition.

Therefore, in the interest of justice, we are of the considered view that the assessee required to be given an opportunity to present it’s case before the CIT(A). Hence, we remit the matter back to the file of the Ld.CIT(A) with a direction to examine whether the expenditure in question i.e., reimbursement of expenses attracts TDS or not and whether the case is covered by the decision of this Tribunal as argued by the Ld.AR and decide the appeal on merits - Appeal of the assessee is allowed for statistical purpose.

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Vires of Rule 117 of the Central Goods and Service Tax Rules

 KAMAL AGENCIES v.  UNION OF INDIA AND 4 OTHERS - 2020 (9) TMI 372 - ALLAHABAD HIGH COURT (decided on 01.09.2020)

Vires of Rule 117 of the Central Goods and Service Tax Rules - time limitation - input tax credit - purchase of goods from the manufacturer - submission of the petitioner is that Rule 117 of the Central Goods and Service Tax Rules provides the procedure of transaction of credit pertaining to pre-GST period under Section 140 of CGST Act, 2017.

HELD THAT:- The respondents No.4 and 5 states that the GST portal is being managed by the Goods and Services Tax Network (GSTN), an agency hired by the department. However, the respondent No.5-Additional Commissioner, Central Goods and Services Tax (CGST), Nodal Officer IT Grievance Redressal Mechanism is the appropriate authority to redress the grievances of the petitioner.

Without entering into the merits of the claim of the petitioner, we direct that the petitioner may approach the respondent No.5- Additional Commissioner, Central Goods and Services Tax (CGST), Nodal Officer IT Grievance Redressal Mechanism by moving a fresh application along with a copy of this order within a period of three weeks from today. The respondent No.5-Additional Commissioner, Central Goods and Services Tax (CGST), Nodal Officer IT Grievance Redressal Mechanism is directed to look into all the grievances of the petitioner, and take necessary steps to redress the same within a period of four weeks thereafter.

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Detention of goods for no E-way bill

 USMAN M. v.  THE COMMISSIONER OF STATE GST, STATE GOODS AND SERVICE TAX OFFICER, ASSISTANT STATE TAX OFFICER - 2020 (9) TMI 373 - KERALA HIGH COURT (decided on 07.09.2020)

Detention of goods - detention on the ground that there was no valid e-way bill covering the transportation of goods in terms of Section 138 of the GST Rules - HELD THAT:- Taking note of the fact that the transportation of the goods was not covered by a valid e-way bill, it is found that the detention cannot be seen as unjustified. Taking note of the submission of the learned counsel for the petitioner that he is prepared to furnish a bank guarantee for the amounts demanded, the writ petition is disposed by directing the 3rd respondent to release the goods and the vehicle to the petitioner on the petitioner furnishing a bank guarantee for the amount demanded in Ext.P11. The learned Government Pleader shall communicate the gist of this order to the 3 rd respondent for enabling an immediate clearance of the goods on the petitioner complying with the condition aforementioned.

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Condition to deposit entire demand of GST with interest for Bail

 GST evasion by creation of fictitious firms and tax invoice.  The Registered person is unable to pay outstanding amount for fulfilling conditions envisaged under Section 438 Cr.P.C

The  Court is of the opinion that since the maximum punishment which can be awarded is upto 5 years and the petitioner has almost undergone a period of one year having been arrested on 06.09.2019. The onerous conditions would thus violate Article 21 of the Constitution of India as the liberty of the petitioner is being deprived - The factum of the investigation being complete and enquiry having been completed and the relevant documents being in possession of the prosecution, the petitioner thus cannot be detained during the trial only on account of the fact that a bail order in the form of a recovery proceedings has been passed against him to pay the outstanding worth almost ₹ 2 crores along with interest.

The condition of payment of ₹ 1,94,78,017/- along with interest is set aside. The bail bonds of ₹ 50 lakhs with one surety are reduced to ₹ 25 lakhs which shall be in the form of immoveable property, to the satisfaction of the Ilaqa/Duty Magistrate, Panipat. The order of the Addl. Sessions Judge dated 08.04.2020 (Annexure P-2) is, accordingly, modified, whereas the other conditions shall remain intact.

Petition allowed.

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Extension of due date for GSTR - 4

 The registered persons under Composition scheme shall furnish a return for every financial year or, as the case may be, part thereof in FORM GSTR-4 of the Central Goods and Services Tax Rules, 2017, on or before the 30th day of April following the end of such financial year.

Vide Notification No. 21/2019-Central Tax, dated 23.04.2020 extended the due date to 31.08.2020 from 30.04.2020.

Vide Notification No. 64/2020-Central Tax, dated 31.08.02020 further extended the due date to 31.10.2020.

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ASSESSMENT ORDERS UNDER INCOME TAX ACT, 1961 BY NATIONAL E-ASSESSMENT CENTERS

 Vide Circular No. F No. 187/3/2020-ITA-I, dated 13.08.2020 the Director to Government of India issued the following order-

In order to ensure that all the assessment orders are passed through the Faceless Assessment Scheme, 2019, the Board in exercise of powers under section 119 of the Income-tax Act, 1961 hereby directs that all the assessment orders shall hereafter be passed by National e-Assessment Centre through the Faceless Assessment Scheme, 2019, except as provided hereunder :-

i). Assessment orders in cases assigned to Central Charges.

ii). Assessment orders in cases assigned to International Tax Charges.

Any assessment order which is not in conformity with  above, shall be treated as non-est and shall be deemed to have never been passed.

This order shall come into force with effect from the 13^th day of August, 2020.

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