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Judiciary

Delhi ITAT Rules: Disallowance of Expenditure Doesn’t Automatically Lead to Penalty

1 May 2024 by Adv Aditya Narayan
itat

ITAT highlighted that the imposition of penalties under Section 271(1)(c) should not be automatic, but rather based on a careful consideration of the circumstances. ITAT Delhi Ruling: In a significant ruling, the Delhi Income Tax Appellate Tribunal (ITAT) emphasized that …

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SEZ Unit Exempt from IGST on Specified DTA Services: A Game-Changing AAR Ruling

28 April 202428 April 2024 by Adv Aditya Narayan
sez unit

To qualify for this exemption, SEZ units must furnish a Letter of Undertaking (LUT) or a bond as specified by the government. In a significant development for SEZ Units, a recent ruling by the Gujarat-based Authority for Advance Rulings (AAR) …

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Madras High Court Ruling: Registered Persons can not be Absolved of the Responsibility to Monitor GST Portal

21 April 2024 by Adv Aditya Narayan
court

Madras High Court Ruling in case of M/s. Bajrang & Bajrang; W.P No.9960 of 2024 and W.M.P No. 10982 & 10983 0f 2024 In a significant ruling, the Madras High Court has underscored the obligation of taxpayers to track the …

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ITAT Ahmedabad Rules that Unexplained Expenditure Triggers Deeming Provisions of Section 69

18 April 202418 April 2024 by Adv Aditya Narayan
itat

The ITAT also clarified that a mere transfer of Property through a registered sale, without the buyer making the payment to the seller, cannot lead to an addition. The Ahmedabad Income Tax Appellate Tribunal (ITAT) recently made a significant ruling …

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Madras High Court Grants Relief to L&T in GST ITC Dispute due to Mismatch Between GSTR-2A & GSTR-3B

15 April 202415 April 2024 by Adv Aditya Narayan
high court

Madras High Court Ruling in case of L&T ITC Dispute In a recent development, the Madras High Court has delivered a significant ruling favouring Larsen & Toubro (L&T) by overturning a Goods and Services Tax (GST) order. This decision has …

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Supreme Court Grants Relief to GST Officials by Quashing Gujarat HC’s Comments

14 April 202414 April 2024 by Adv Aditya Narayan
supreme court

The Supreme Court emphasized that such premature opinions could compromise both prosecution and defence if left unaddressed. The Supreme Court came to the rescue of GST officials by overturning critical remarks made by the Gujarat High Court in an interim …

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Kerala High Court Ruling: Proceedings to be Suspended Until Appeal’s Final Order

8 April 2024 by Adv Aditya Narayan
high court

Kerala High Court: As the appeal has already been heard and final orders are pending, all additional proceedings shall be kept in suspension until the appeal’s final orders are passed. In a recent development in WP(C) NO. 10163 OF 2024 …

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Bar Council of Kerala Taken its Case against GST Notices to Kerala High Court

7 April 2024 by Adv Aditya Narayan
bar council

The petition filed by Bar Council of Kerala highlighted that CBIC had issued two show cause notices. The Bar Council of Kerala (BCK) has taken its case against Goods and Service Tax (GST) notices to the Kerala High Court, challenging …

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Bombay High Court Strikes Down Penalty of Rs 3731 Crore on Employees

5 April 20245 April 2024 by Adv Aditya Narayan
high court

In a recent development, the Bombay High Court has ruled in favour of four employees of Maersk Line, the Indian arm of a Denmark-based shipping giant. The high court struck down a notice issued by the GST Intelligence that sought …

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Mumbai ITAT Cancels Assessment Order for Lack of Valid Satisfaction under Section 153C

4 April 2024 by Adv Aditya Narayan
itat

ITAT concluded that the AO had failed to record proper satisfaction before issuing the notice under Section 153C of the Income Tax Act. The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has nullified an assessment order due to …

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Delhi High Court Rules that a False Field Visit Report Can’t be the Ground of GST Registration Cancellation

3 April 2024 by Adv Aditya Narayan
court

The Delhi High Court acts as a protection against arbitrary cancellations of GST registration based on inaccurate field visit reports. In a recent case of Gulab Nagar v. Assistant Commissioner [W.P No. 3383 of 2024 on March 06, 2024], the …

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Delhi High Court Orders Re-adjudication for Taxpayer’s Inability to Respond to GST Show Cause Notices

1 April 2024 by Adv Aditya Narayan
high court

The vulnerabilities in the system prompted the High Court to intervene and rectify the injustice caused by technical glitches in this case. Mr. Rohit Gupta, representing Polytec Industries, contested in the High Court, against an order from the Delhi Goods …

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Delhi High Court Directs Application for GST Refund within 7 Days

29 March 2024 by Adv Aditya Narayan
high court

Delhi High Court ruling for Pedersen Consultants India Pvt Ltd The Delhi High Court has directed the timely application for GST refunds, following section 54 of the CGST Act, 2017. This ruling comes after the exclusion of the period between …

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GSTIN Suspension Revoked if SCN Undecided within 30 Days of Response: Punjab & Haryana HC Ruling

28 March 2024 by Adv Aditya Narayan
suspension

Rule 21A(4) dictates that if the proper officer fails to decide on the SCN within 30 days, the suspension is deemed to be revoked. In a recent ruling by the Punjab and Haryana High Court, in case of Shri Balaji …

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Delhi ITAT Cancels Re-assessment Order Due to Lack of Tangible Evidence of Escaped Income

27 March 2024 by Adv Aditya Narayan
itat

The ITAT dismissed the revenue’s petition, finding that the AO failed to establish a clear link between the tangible material and the conclusion of escaped income. In a significant ruling, in case of Surender Dalai vs ITO [I.T.A No.7714/Del/2029], the …

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ITAT Ruling: Builder’s Error Doesn’t Impact Capital Gain Tax Benefits, Clarifies Mumbai Bench

24 March 2024 by Adv Aditya Narayan
itat

ITAT clarifies that a builder’s mistake in flat allotment will not hinder a taxpayer’s ability to claim tax benefits under section 54 of the I-T Act. In a recent case adjudicated by the Income-tax Appellate Tribunal (ITAT), Mumbai bench, a …

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Madras High Court Ruling: Renting of Hostels for Girl Students and Working Women Exempt from GST

24 March 2024 by Adv Aditya Narayan
high court

The High Court emphasized that these hostels fall under the category of “exclusively residential purpose,” as per a 2017 notification of the central government. In a recent ruling by the Madras High Court, hostels renting rooms exclusively to girl students …

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Madras High Court Ruling: Tax Recovery Officer Cannot Invalidate Individual’s Sale to Third Party

23 March 202423 March 2024 by Adv Aditya Narayan
court

The Court highlighted that a civil suit needs to be filed as per Rule 11(6) of 2nd Schedule of Income Tax Act, by the party against whom the attachment order has been issued, to establish their rights over the disputed …

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Orissa High Court Stay on ITC Denial for Supplier’s Non-Payment: Section 16(2)(c) of GST Challenged

19 March 202419 March 2024 by Adv Aditya Narayan
itc

Discover the latest from the Orissa High Court’s stay on demands related to Input Tax Credit (ITC) under GST laws. M/s. OSL Securities Limited challenged the constitutionality of Section 16(2)(c) of the OGST/CGST Act. In a recent development, the Orissa …

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Ahmedabad ITAT Upheld Section 11 Exemption Despite Missing Audit Report in Return Filing

18 March 202418 March 2024 by Adv Aditya Narayan
section 11

The ITAT noted that the non-compliance under Section 12A of the Act is a procedural lapse, and when the Audit Report was eventually filed, it should have been considered for Section 11 Exemption. ITAT Ahmedabad Ruling on Section 11 Exemption: …

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