ITAT Jaipur Upholds Exemption of Capital Gains from Sale of Agricultural Land

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The ITAT Jaipur underscores the need for a detailed examination of rural land transactions for tax purposes, especially when the property is near urban canters. In a significant ruling, the Income Tax Appellate Tribunal (ITAT) in Jaipur has upheld the …

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Delhi High Court Clarifies When Penalty Proceedings Are ‘Initiated’ Under Section 271C of the Income Tax Act for TDS Non-Compliance

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By clarifying that penalty initiation begins from the earliest action, such as a reference from the AO, the Delhi High Court underscores that delays in issuing show-cause notices do not extend the penalty imposition timeline. In a recent ruling, the …

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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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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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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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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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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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Delhi High Court: Authorities must provide clear references to the provisions of the law that have been violated

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Delhi High Court Ruling in case of Amir Malik vs. Commissioner of GST [W.P.(C) 13706/2024] In a significant ruling, the Delhi High Court cancelled a show cause notice (SCN) and the subsequent order for the cancellation of GST registration in …

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GST Authorities Cannot Invoke IPC for Offences Covered Under GST Act: Madhya Pradesh High Court

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The GST Act, 2017 is a special legislation that holistically deals with procedures, penalties, and offences relating to GST. Authorities cannot bypass these procedures and invoke the IPC In a significant ruling, the Madhya Pradesh High Court has held that …

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Calcutta High Court Orders Restoration of GST Registration When the Appeal was Time-barred u/s.107

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The court also ordered the respondents to reactivate the GST portal within one week, enabling the petitioner to file returns and pay off all liabilities. However, the court specified that if the petitioner fails to meet the compliance requirements within …

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ITAT Allows Tax Deduction Under Section 54 on Sale of Property Even Without Reinvestment in New Asset

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The ITAT also rejected the AO’s argument that the capital gains exemption should only cover the amount directly used for constructing the new house. The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a taxpayer can …

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Allahabad High Court: Payment, GST Invoice, E-Way Bill Insufficient to Prove Physical Movement of Goods – Penalty U/S.74 Upheld

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The court emphasizing that taxpayers must present comprehensive evidence, including details of the selling dealer, freight payments, and vehicle information, to prove the physical movement of goods and the genuineness of the transaction. In a landmark ruling in case of …

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Simultaneous Deduction Allowed under u/s. 54 and 54F for the Same Asset: ITAT Ruling

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The Tribunal rejected the Commissioner of Income Tax (Appeals) [CIT(A)]’s assertion that the document was manipulated, labelling it as a baseless allegation. No Bar on Simultaneous Deduction u/s.54 & 54F of IT Act Against Same Asset:  In a significant ruling, …

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