Kerala High Court Rules Assessing Authorities Can’t Reassess Past Years Without Inquiry in Current-Year Cases

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The Court questioned how, during assessment proceedings for 2011-12, the authorities could examine the business nature and extent of the assessee’s activities dating back to 1999-2000. In a significant judgment in Kings Infra Ventures Ltd vs. ACIT (ITA No. 28/2023), …

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Karnataka High Court Rejects Ex-Parte Order Due to GST Department’s failure to Notify Personal Hearing Dates via email, Despite a Clear Request

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Acknowledging the breach of natural justice, the Karnataka High Court set aside the impugned ex-parte order. The court directed the respondent to reconduct the appeal hearing. In a significant ruling, the Karnataka High Court has set aside an ex-parte order …

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ITAT Bangalore Rejects Disallowance of Interest-Free Advance to Related Party Under Section 36(1)(iii) of the Income Tax Act

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The ITAT ruled that, as long as interest-free funds are sufficiently available at the time of advance, disallowance of interest on subsequent loans will not stand. In this article, we delve into a notable tax judgement of ITAT involving a …

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GST Waiver Scheme Under Section 128A for FY 2017-18 to 2019-20: How to Avail Relief on Interest & Penalties

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GSTN Advisory on Waiver of Interest & Penalty in Demand Notices or Orders for the Financial Year 2017-18 to 2019-20. To reduce tax disputes and provide significant relief to taxpayers, the GST Council, in its 53rd meeting on June 22, …

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Suspension of GST Registration Directly Without Initiating Civil or Criminal Proceedings Violates Fundamental Right to Trade: Madras High Court

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In its ruling, the court set aside the impugned suspension order, directing the GST department to review the petitioner’s reply and issue a decision in accordance with the law. The court stressed that any further actions must align with legal …

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New Form DRC-03A Introduced in GST Portal to Adjust Demand Amounts Wrongly Paid through DRC-3: GSTN Advisory 544

form drc-03a

Only payments made through Form DRC-03 under the “Voluntary” or “Others” categories are eligible for adjustment using Form DRC-03A. The GST Portal has introduced Form DRC-03A to help taxpayers adjust demand amounts that were mistakenly paid through DRC-03 instead of …

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Monetary Limits for Reduction or Waiver of Interest under Section 220(2) of the Income Tax Act: CBDT Circular 15/2024

waiver of interest

Under Section 220(2A), certain income tax authorities have the power for reduction or waiver of interest, upon satisfaction of certain condition. Reduction or Waiver of Interest: The Central Board of Direct Taxes (CBDT) has recently issued Circular No. 15/2024 on …

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5% GST Rate Applicable for Fly Ash Bricks with Less Than 90% Fly Ash Content: Gujarat HC Ruling

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The issue had been clarified in CBIC Circular No. 179/11/2022-GST, dated August 3, 2022. This circular clarified that the 90% fly ash content requirement applies only to aggregates, not to Fly Ash Bricks or Blocks. On September 25, the Gujarat …

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CBDT Circular 14/2024: Condonation of Delay for Filing Returns Claiming Deduction under Section 80P for AY 2023-24

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Circular 14/2024 addressing the condonation of delays in filing income tax returns by cooperative societies claiming deductions under Section 80P of the Income Tax Act for the Financial Year 2022-23. The Central Board of Direct Taxes (CBDT) has issued Circular …

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CBDT Notification 5/2024 Specifying Forms for Rollback of ADA & Claiming Deductions for Qualified Agricultural Extension Projects

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CBDT Specified Forms Prescribed in Appendix II of IT Rules 1962, to be Furnished Electronically under Sub-rule (1) & (2) of Income Tax Rules 1962. The Central Board of Direct Taxes (CBDT) has issued Notification No. 5/2024, which mandates the …

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Delhi High Court Quashes GST Show Cause Notices for Metal One Corporation, Sony India, and Others Over Seconded Employees

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Delhi High Court Ruling in case of Metal One Corporation India Pvt. Ltd. & Sony India Private Limited vs. UOI, W.P.(C) 14945/2023, decided on 22-10-2024] The Delhi High Court has recently scrutinized the legitimacy of Goods and Services Tax (GST) …

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GSTN Advisory 540: Restriction in Filing GST Returns Beyond Three Years

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This update specifically affects filings of GSTR-1, GSTR-3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR-7, GSTR-8, and GSTR-9. In accordance with the Finance Act, 2023, dated March 31, 2023, new restrictions on GST return filing have been implemented from October 1, 2023, …

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Delhi High Court Mandates Proper Reasoning in Rejection of Condonation Application u/s. 119(2)(b) of Income Tax

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The court emphasized that Section 119(2)(b) is a beneficial provision, intended to allow for exceptions and refunds in cases of genuine hardship. Decisions made under this provision must include proper justification, aligning with both procedural fairness and the legislative intent …

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New GST Rule for Airlines to Share Passenger Data Twice: 1st within 24 Hours of Departure & Again at Wheels-off Time

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Previously, airlines had the flexibility to submit this information either 24 hours before departure or at wheels-off time. The Central Board of Indirect Taxes and Customs (CBIC) has recently updated regulations for passenger data submission by airlines, enforcing stricter compliance …

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GST Panel Proposes Increase in Affordable Housing Price Limit to ₹56 Lakh Nationwide

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A government panel on Goods and Services Tax (GST) for the real estate sector is preparing an interim report that may significantly influence affordable housing across India. The Group of Ministers (GoM) is recommending an increase in the affordable housing …

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GST Pre-Deposit Can Be Paid from the Electronic Credit Ledger for Appeals, Rules Patna High Court

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The high court instructed the Appellate Authority to review the appeal on its merits, considering the pre-deposit made from the Electronic Credit Ledger as adequate. Pre-Deposit for GST Appeals using ECL: The Patna High Court recently issued a significant ruling …

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