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Judiciary

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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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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  • Orissa High Court Enhances MACT Compensation to ₹1.18 Crore: Favourable Tax Regime and Statutory Benefits Protected
  • Supreme Court Upholds Deletion of ₹16.61 Crore Addition in Mahamaya Steel Industries Case: No Taxation on Mere Guesswork
  • “Others” Is Not a Valid Reason: Gauhati High Court Quashes Non-Speaking GST Registration Cancellation Order
  • ITAT Delhi Deletes ₹2.03 Crore Addition in Daffodils Pharmaceuticals Case: IDS-2016 Income Cannot Be Taxed in Original Assessment Year
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