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Judiciary

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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Kerala High Court Grants GST Exemption for Import of Medicine to Treat Rare Disease

18 March 202418 March 2024 by Adv Aditya Narayan
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, …

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Allahabad High Court Nullifies Penalty Despite Vehicle Number Change in E-Way Bill Due to Breakdown in Transit

13 March 202413 March 2024 by Adv Aditya Narayan
high court

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 …

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Delhi High Court Rejects Rs 8.23 Crore GST Demand Against Max Healthcare

12 March 2024 by Adv Aditya Narayan
court

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 …

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Allahabad High Court Upholds Penalty under Section 129 for Late GST E-Way Bill Submission

7 March 2024 by Adv Aditya Narayan
high court

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], …

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2 Similar Proceedings for same Period not Permissible under CGST/SGAT Act: Gauhati High Court

3 March 20243 March 2024 by Adv Aditya Narayan
proceedings

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 …

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Telecom Companies Exempted from Tax Deduction on Sale of Discounted SIM Cards: Supreme Court Ruling

29 February 2024 by Adv Aditya Narayan
telecom companies

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 …

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Allahabad High Court: GST & CE Superintendent has no Jurisdiction to Pass Order Exceeding Rs 10 Lakh

28 February 2024 by Adv Aditya Narayan
high court

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 …

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ITC Claim Cannot be Denied Solely Based on GSTR-3B when Such Claims are Reflected in GSTR-2A & GSTR-9: Madras High Court

27 February 2024 by Adv Aditya Narayan
itc claim

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 …

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ITC Claim Cannot be Denied Despite Supplier’s Retrospective GST Registration Cancellation: Madras High Court

26 February 2024 by Adv Aditya Narayan
itc

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 …

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Capital Gain Deductions can be Claimed Without CGAS Deposits: ITAT Delhi

27 February 202426 February 2024 by Adv Aditya Narayan
capital gain

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 …

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ITAT Chennai Removes IT Sections 69A & 69C Additions and Dismissed the Appeal of Revenue

24 February 2024 by Adv Aditya Narayan
itat

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 …

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Penalty of 100% Cannot be Imposed When Show Cause Notice Issued under Section 73 of TNGST Act: Madras HC

23 February 2024 by Adv Aditya Narayan
penalty

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 …

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Self-Certified Copy Rule Does Not Apply to Electronically Filed Appeals under GST: Allahabad HC

20 February 2024 by Adv Aditya Narayan
self-certified copy

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 …

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Failure in Replying SCN Cannot Forfeit the Right to Personal Hearing U/S 75(4): Allahabad HC

19 February 2024 by Adv Aditya Narayan
scn

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 …

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Constitutional Validity of Time Limit on ITC u/s 16(4) of CGST Act Challenged in Supreme Court

19 February 202419 February 2024 by Adv Aditya Narayan
constitutional validity

Constitutional Validity of Time Limit on Input Tax Credit u/s.16(4) of CGST Act 2017 has been challenged in the Supreme Court Constitutional Validity of Time Limit on ITC in Challenge: In a significant legal development, the Supreme Court of India …

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  • Portal Restriction on Inter-State ITC Transfer Due To Amalgamation Held Invalid: Gujarat High Court Allows Manual Filing of ITC-02
  • Illegal Bank Account Attachment Violates Right to Property: Bombay High Court Imposes Costs on Officer
  • GST DRC-01 Summary Cannot Substitute Mandatory Show Cause Notice Under Section 73: Gauhati High Court
  • Allahabad High Court Quashes ₹2.14 Crore Recovery: A Landmark Ruling Against Disproportionate Disciplinary Action on Employees
  • ITAT Bangalore: Denial of Section 12AB Registration to New Trust Set Aside – Fresh Evaluation Directed
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