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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Calcutta High Court Nullifies GST Order Due to Consultant’s Failure to Notify the Show Cause Notice to the Petitioner

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The Court gave 10 days to the petitioner to file a reply, and the proper officer was instructed to pass a new GST order under Section 73(9) within 4 weeks of the personal hearing. In a significant ruling, in case …

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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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Gauhati High Court Ruling: State GST Department Can’t Take Benefit of Notification Which Is Ultra Vires CGST Act, 2017

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Gauhati High Court Ruling in case of Shree Shyam Steel vs Government of India The Gauhati High Court has ruled in the case of Shree Shyam Steel Vs UOI [WP(C)/ 3838/2024] that the State GST Authorities cannot benefit from Notification …

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Madras High Court Orders Reconsideration of 10% Pre-Deposit Due to GST Liability Mismatch Between GSTR 3B & GSTR 2A

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The GST department is directed by the High Court to provide the applicant with a fair opportunity to present their case, including a personal hearing. Madras High Court Ruling: In a significant ruling, in case of M/s. Crystal Granites Vs. …

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ITAT Mumbai: Tax Incidence on Non-Compete Fee Not Retrospective, Effective from AY 2004-05 Onwards

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Non-compete fees received by a taxpayer will be a non-taxable capital receipts up to the financial year 2002-03: ITAT Mumbai The Income-tax Appellate Tribunal (ITAT) Mumbai has recently ruled that non-compete fees received by taxpayers up to the financial year …

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