Understanding Section 62 of the CGST Act, 2017: Assessment of Non-Filers of GST Returns

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Cases related to best judgment assessments under Section 62, emphasizing procedural fairness and legislative amendments. Section 62 of the Central Goods and Services Tax (CGST) Act, 2017, governs the assessment of taxpayers who fail to file their GST returns. When …

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Delhi High Court Rules on Fee for Technical Services (FTS) Under Section 9(1)(vii) of Income Tax Act

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Dismissing the Income Tax Department’s appeal, the Delhi High Court ruled in favor of the taxpayer, reaffirming that routine support services cannot be classified as FTS. In a significant ruling, the Delhi High Court has clarified that Fee for Technical …

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Allahabad High Court: GSTN Absence in Supplier’s Certificate Not a Valid Reason to Deny ITC

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The case was remanded by court to the original authority for fresh adjudication, with instructions to consider all submitted documents and provide a reasoned decision within three months. In a significant ruling, the Allahabad High Court has held that the …

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Supreme Court: No Penalty Exception Under Section 271AAA(2) for Undisclosed Income Declared Only During Assessment

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This Supreme Court judgment reaffirms the strict interpretation of Section 271AAA(2), making it clear that merely paying taxes voluntarily does not exempt an assessee from penalties if undisclosed income is admitted only at the assessment stage. The Supreme Court of …

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GST Registration Cannot Be Denied Based on State of Origin: Andhra Pradesh High Court

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This judgment sets a crucial precedent, ensuring that businesses across India are not unfairly restricted from obtaining GST registration in different states. The Andhra Pradesh High Court has ruled that authorities cannot refuse GST registration solely because the applicant belongs …

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Madras High Court: Opportunity of Final Hearing under GST Granted on Payment of 10% Disputed Tax

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This ruling of Madras High Court underscores the importance of natural justice in GST assessments and provides taxpayers an opportunity for fair representation. In a significant ruling, the Madras High Court has granted a final hearing in the case of …

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Proceedings Against Deceased Cannot Continue Against Legal Representatives: Karnataka HC

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If proceedings had been initiated during the Assessee’s lifetime, they could have been validly continued against their legal representatives. In a landmark ruling, the Karnataka High Court in the case of ITO Vs Smt. Preethi has held that any proceedings …

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Supreme Court Quashes Disproportionate Assets Case, Advocates Dynamic Financial Review

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The Supreme Court quashed the FIR, terming the allegations baseless and an abuse of the legal process. The Supreme Court has set aside an FIR against a former Assistant Excise Commissioner of Uttar Pradesh, accused of holding disproportionate assets (DA) …

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Bombay High Court Accepts GST Officials’ Apology for Premature Arrest Before Statement Recording

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The court cautioned the authorities to exercise extreme care in future arrests, ensuring compliance with legal procedures. In a significant ruling, the Bombay High Court accepted the unconditional apology submitted by Goods and Services Tax (GST) Department officials for arresting …

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West Bengal AAR: Catering Services for In-Patients Not Eligible for GST Exemption

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The AAR ruled that the supply of food by the petitioner constitutes a standalone service outsourced by the hospital and is not directly associated with providing healthcare services. In a significant ruling, the West Bengal Authority for Advance Ruling (AAR) …

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Delhi High Court Ruling: Electricity Commissions Fees Exempted from GST

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The High Court highlighted that the commissions’ statutory functions do not align with the definition of ‘business’ under Section 2(17) of the CGST Act. In a landmark judgment, the Delhi High Court has ruled that fees collected by the Central …

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Delhi High Court Overturns ITAT Order Denying Stay on Rs 1,213 Crore Tax Demand Against Samsung India

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This landmark High Court ruling as it safeguards taxpayers from the sudden attachment of bank accounts by the tax department, which can be done with minimal notice. Now, even in the absence of coercive measures, the mere presence of an …

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Section 153C of Income Tax Act Requires AO’s Satisfaction, Not Portal Uploads: Delhi High Court Clarifies

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Delhi HC Ruling on Necessity of Recording Satisfaction of the AO of the Other Person for Initiating Proceedings Under Section 153C  In a landmark decision, the Delhi High Court emphasized the necessity of the Assessing Officer’s (AO) satisfaction under Section …

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Reassessment Notice to Merged Entity U/S 148A(d) Not Invalid Merely Due to SCN in Name of Ceased Entity: Delhi High Court

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Issuance of a notice under Section 148A(b) in the name of a now-merged entity does not undermine the jurisdiction of the AO when a subsequent notice under Section 148A(d) is correctly addressed to the merged entity. The Delhi High Court …

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Supreme Court Stays GST Proceedings Against Online Gaming Companies on Centre’s Request

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The Supreme Court’s decision to stay the GST proceedings provides a temporary reprieve for online gaming companies The Supreme Court has temporarily halted Goods and Services Tax (GST) proceedings against 49 online gaming companies, following a request from the Centre. …

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GST not Applicable on Transfer of Leasehold Rights to 3rd Party in GIDC Land: Gujarat High Court Ruling

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The Gujarat High Court’s landmark judgment on GST on leasehold land transfers offers a pivotal resolution to industries grappling with unjust tax burdens. Industry stakeholders are now awaiting definitive clarity from the Supreme Court and CBIC on this matter. In …

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