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WELCOME TO TAXLOK.COM. THIS SITE IS TO SOLVE ALL YOUR TAX PROBLEMS. SUBSCRIBE OUR PRODUCTS ONLINE AND OFFLINE FOR QUICK SOLUTION OF YOUR TAX PROBLEMS AND STAY AHEAD IN YOUR PROFESSION. YOU CAN SUBSCRIBE RIGHT NOW.
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WELCOME TO TAXLOK.COM. THIS SITE IS TO SOLVE ALL YOUR TAX PROBLEMS. SUBSCRIBE OUR PRODUCTS ONLINE AND OFFLINE FOR QUICK SOLUTION OF YOUR TAX PROBLEMS AND STAY AHEAD IN YOUR PROFESSION. YOU CAN SUBSCRIBE RIGHT NOW.
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Satisfaction to be recorded before passing order of attachment of Assets under GST
Shanti Prime Publication Pvt. Ltd.
Attachment order —
In the instant case, The Assessee Company is engaged in manufacturing & supplying TMT bars and paid GST on the same. The Revenue visited the Assessee's factory & compared stock of raw material & finished goods with recorded quantity of the same. Investigation at the end of the transporters revealed that the Assessee supplied & received goods without payment of tax. The Assessee was also compelled to give postdated cheques towards payment. Later the Revenue passed an order of attachment against the stock found to be in excess. Several bank accounts operated by the Assessee & its executives were also attached - The Assessee claimed that the attachment of the bank accounts had crippled the day-to-day activities of the Assessee & was impeding upon its ability to pay taxes.
Held that—As per mandate of Section 83(1) of the GGST Act, the Commissioner must record written reasons before attaching any property or bank accounts or taking any such drastic action. Besides, the Commissioner must record satisfaction that such action was justified so as to protect the Revenue's interests. In the present case, the Commr recorded no such satisfaction. Hence no opinion could be formed to validate the provisional attachment of property. Hence the attachment order is unsustainable. — Patran Steel Rolling Mill Vs. Assistant Commissioner of State Tax, Unit 2 [2018] 7 TAXLOK.COM 048 (Gujarat)
Satisfaction to be recorded before passing order of attachment of Assets under GST
Shanti Prime Publication Pvt. Ltd.
Attachment order —
In the instant case, The Assessee Company is engaged in manufacturing & supplying TMT bars and paid GST on the same. The Revenue visited the Assessee's factory & compared stock of raw material & finished goods with recorded quantity of the same. Investigation at the end of the transporters revealed that the Assessee supplied & received goods without payment of tax. The Assessee was also compelled to give postdated cheques towards payment. Later the Revenue passed an order of attachment against the stock found to be in excess. Several bank accounts operated by the Assessee & its executives were also attached - The Assessee claimed that the attachment of the bank accounts had crippled the day-to-day activities of the Assessee & was impeding upon its ability to pay taxes.
Held that—As per mandate of Section 83(1) of the GGST Act, the Commissioner must record written reasons before attaching any property or bank accounts or taking any such drastic action. Besides, the Commissioner must record satisfaction that such action was justified so as to protect the Revenue's interests. In the present case, the Commr recorded no such satisfaction. Hence no opinion could be formed to validate the provisional attachment of property. Hence the attachment order is unsustainable. — Patran Steel Rolling Mill Vs. Assistant Commissioner of State Tax, Unit 2 [2018] 7 TAXLOK.COM 048 (Gujarat)
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NEWS
Apr 25, 2024
Extension of due date for filing of Form No. 10A/10AB under the Income-tax Act, 1961
Apr 10, 2024
Advisory: Auto-populate the HSN-wise summary from e-Invoices into Table 12 of GSTR-1
Apr 08, 2024
CBDT clarifies on media reports claiming special drive to reopen cases with reference to HRA claims
Apr 04, 2024
Functionalities to file commonly used ITRs enabled by CBDT on 1st April, 2024
Apr 03, 2024
Advisory: Self Enablement For e-Invoicing
Apr 01, 2024
Second highest monthly Gross GST Revenue collection in March at Rs.1.78 lakh crore; Records 11.5% y-o-y growth (18.4% on net basis)
Mar 31, 2024
Time limit for verification of return of income after uploading
Mar 31, 2024
Clarification regarding applicability of new tax regime and old tax regime
Mar 21, 2024
Instruction regarding rectification of assessment orders under Section 161 of DGST Act, 2017 for FY 2017-18
Mar 18, 2024
Order under section 119 of the Income-tax Act, 1961
Mar 14, 2024
Advisory on exercising due diligence for issuance of notices under Section 73/74 of Assam GST Act and timely completion of adjudication thereof
Mar 12, 2024
Advisory on GSTR-1/IFF: Introduction of New 14A and 15A tables
Mar 08, 2024
Advisory: Integration of E-Waybill system with New IRP Portals
Mar 07, 2024
Ex-post facto extension of due date for filing Form No. 26QE which was required to be filed during the period 01.07.2022 to 28.02.2023 (pertaining to F.Y. 2022-23)
Mar 06, 2024
Clarifies provisions relating to donations made by a trust / institution to another trust / institution for the purposes of application of income
Mar 05, 2024
CBDT allows certain trusts / institutions to furnish the audit report in the applicable Form No. 10B / 10BB on or before 31st March, 2024
Mar 02, 2024
Rs.1,68,337 crore gross GST revenue collected during February 2024; records Year-on-Year (Y-o-Y) growth of 12.5%
Feb 28, 2024
Instances of Delay in registration reported by some Taxpayers despite successful Aadhar Authentication in accordance with Rule 8 and 9 CGST, Rules, 2017
Feb 21, 2024
Advisory: Enhanced E-Invoicing Initiatives & Launch of Enhanced https://einvoice.gst.gov.in portal
Feb 02, 2024
CBDT notifies Income Tax Return Forms for the Assessment Year 2024-25 well in advance for the Assessment Year (A.Y.) 2024-25
Feb 01, 2024
HIGHLIGHTS OF THE INTERIM UNION BUDGET 2024-25
Feb 01, 2024
SUMMARY OF THE INTERIM UNION BUDGET 2024-25
Feb 01, 2024
THE FINANCE BILL, 2024
Jan 31, 2024
Rs.1,72,129 crore gross GST revenue collected during January 2024; records 10.4% Year-on-Year growth
Jan 23, 2024
Circular No. 1/2024 Circular explaining the provisions of the Finance Act, 2023
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ARTICLE
May 01, 2024
Statement of Financial Transactions
Apr 30, 2024
Power to Arrest [Section 69]
Apr 27, 2024
Form 15CA and Form 15CB in Foreign Remittances
Apr 22, 2024
Section 67: Power of Inspection, Search and Seizure
Apr 18, 2024
Exemption on Sale of Agricultural Land Under Section 54B
Apr 15, 2024
Physical Verification in GST Registration: An In-depth Analysis
Apr 12, 2024
Capital Gains on Sale of Agricultural Land
Apr 09, 2024
Important Article - From Taxation to Empowerment: Examining the Legal Landscape for Women`s Hostels Under GST Exemption in Mookambikaa Ladies Hostel V. Union of India and Ors. Along the Horizon of Women Empowernment by Dr B Ramaswamy
Apr 08, 2024
Credit and Debit Notes and Section 16(4)
Apr 02, 2024
Section 132: Search And Seizure Under Income Tax Act, 1961
Mar 30, 2024
Managing Input Tax Credit (ITC) Transitions and Reversals in GST
Mar 28, 2024
Section 35: Scientific Research
Mar 26, 2024
Untangling the Knots: A Closer Look at GST Refund Issues
Mar 22, 2024
Whether Speculative or Not
Mar 19, 2024
Can DRC-01 Be Issued for Claim of Interest Only
Mar 15, 2024
Deductions Available to Salaried Persons
Mar 07, 2024
Understanding Input Tax Credit in Special Circumstances under the GST Act
Mar 05, 2024
TDS u/s 194I
Mar 01, 2024
Comprehensive Analysis of Section 67 of the CGST Act
Feb 26, 2024
Audit by Tax Authorities (Section 65) & Special Audit (Section 66)
Feb 20, 2024
Unlocking GST Insights: Navigating Advance Rulings
Feb 19, 2024
Disallowance in case of outstanding payment of micro and small enterprises (in Hindi)
Feb 12, 2024
Exemption from Capital Gains for Individuals and HUFs
Feb 10, 2024
Exemption from Capital Gains for all assesses
Feb 08, 2024
No interest if credit is available in Eletronic Cash Ledger - Madras High Court`s Landmark Judgment on Eicher Motors Ltd. by CA Kushagra Mathur
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