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 …
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 …
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 …
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 …
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 …
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: …
Circular of MoF in 2014 Allows ad hoc Exemption of GST on Imported Goods, to be evaluated on a case-by-case basis, specifically for GST payable on imported medicines aimed at treating individuals grappling with life-threatening illnesses In a recent development, …
Penalty Order was Overturned by the High Court Because the Vehicle Number was Updated in Part B of the GST e-way bill, but not in the Bilty. The Allahabad High Court, in case of Abhishek Sales vs State of UP …
The Delhi High Court has quashed the GST demand of Rs. 8.23 crore imposed on Max Healthcare [Case No. W.P.(C) 3355/2024 & CM APPLs. 13818-20/2024], highlighting a failure to consider the merits of the case. A bench comprising Justice Sanjeev …
No relaxation in penalty under Section 129 of the GST Act, 2017 for the late submission of GST e-way bills: Allahabad High Court In a recent ruling by the Allahabad High Court, for M/s. Jhansi Enterprises Nandanpura [Writ Tax No.1081/2019], …
Gauhati HC Ruling: Conducting 2 Similar Proceedings for a same period not permissible under section 6 of CGST/SGST Act In a recent ruling, the Gauhati High Court, in case of Mohan Singh vs UOI [WP(C)/7975/2018], has emphasized that conducting two …
The crux of the telecom companies’ defence rested on the assertion that their relationship with distributors was that of principal to principal, not principal to agent as argued by the Income Tax department In a recent landmark judgement, the Supreme …
GST & CE Superintendent has no Jurisdiction to pass Order Exceeding Rs 10 Lakh: Allahabad High Court In a significant ruling, in case of M/s. Mansoori Enterprises (Writ Tax No. 35/ 2024), the Lucknow bench of the Allahabad High Court …
Court’s ruling emphasized that when a registered person asserts their eligibility for ITC claim with reference to GSTR-2A and GSTR-9 returns, the assessing officer must thoroughly examine the validity of the claim Legality of Assessing ITC Claim Solely based on …
ITC Claims Should not be Dismissed merely due to Administrative Actions such as the Retrospective Cancellation of Supplier’s GST Registration In a recent ruling on Writ Petition No.3505 of 2024 and W.M.P.Nos.3758 & 3759 of 2024, the Madras High Court …
CGAS deposit is not a mandatory requirement for claiming capital gain deductions, if it has been invested within the prescribed time limit under section 54(1) of the Income Tax Act for the purchase or construction of a new property Relevance …
ITAT emphasized the importance of procedural correctness and evidentiary standards in tax assessments The recent ruling by the Income Tax Appellate Tribunal (ITAT) Chennai has brought relief to Prakash Ferrous Industries Private Limited (I.T.A No.623/Chny/2023), dismissing the appeal by the …
Madras High Court Ruling: 100% Penalty not Leviable when SCN Issued under Section 73 Penalty under GST: In a recent decision by the Hon’ble Madras High Court on January 31, 2024, in the case of K.S. Janarthanam v. Deputy State …
Learn about the recent ruling by the Allahabad High Court regarding application of self-certified copy of order in filing of appeals electronically under Section 107 of the CGST Act, 2017, and Rule 108 of the Rules, 2017 Requirement of Self-Certified …
Court stated that the requirement for submitting a written reply to SCN and the opportunity for an oral hearing are independent of each other Legality of Restricting Personal Hearing on Failure of Replying SCN: In a recent ruling on 12 …