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Judiciary

Madras High Court Permits One-Day GSTR-3B Delay, Quashes ITC Reversal Notice

26 August 2024 by Adv Aditya Narayan
court

The Madras High Court ruled that the department’s refusal to condone the one-day delay and the subsequent issuance of the SCN under Section 73(1) was unfair. In a crucial judgment, the Madras High Court has excused a one-day delay in …

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Simultaneous Deduction Allowed under u/s. 54 and 54F for the Same Asset: ITAT Ruling

26 August 202426 August 2024 by Adv Aditya Narayan
deduction

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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Calcutta High Court Allows the Appeal Despite 66 Days Delay Because of Lack of Knowledge

16 August 2024 by Adv Aditya Narayan
court

The court emphasized that the petitioner had acted in good faith by making the required pre-deposit and there was no evidence of mala fide intent on the part of the petitioner. In a recent judgement in case of Partha Pratim …

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

6 August 20246 August 2024 by Adv Aditya Narayan
court

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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TN AAR: GST Exempt on Goods Sold from 3rd Party FTWZ to Bonded Warehouse Under MOOWR Scheme

18 June 2024 by Adv Aditya Narayan
aar

The AAR clarified that, where imported goods stored in a third-party FTWZ are moved to a bonded warehouse (MOOWR) upon sale to an OEM’s MOOWR unit, GST is not applicable. The Tamil Nadu Authority for Advance Rulings (AAR) has ruled …

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

13 June 2024 by Adv Aditya Narayan
high court

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

10 June 2024 by Adv Aditya Narayan
itat

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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ITAT Delhi Granted Tax Relief to Brett Lee Due to Invalid Notice Service by Income Tax Department

5 June 2024 by Adv Aditya Narayan
itat

Brett Lee Granted Tax Relief by ITAT Delhi In a significant ruling, the Delhi bench of the Income Tax Appellate Tribunal (ITAT) has granted relief to former Australian cricketer Brett Lee in a tax dispute. The case involved an income …

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Developer Challenges GST on Development Rights in Supreme Court

16 May 2024 by Adv Aditya Narayan
development right

This dispute centers on whether the central government has the authority to impose taxes on land sales, as development rights are considered incidental to these transactions. A significant legal battle has emerged as a real estate developer escalates the issue …

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Supreme Court Directs Centre to Avoid Threats & Coercion during Search & Seizure for GST recovery

11 May 2024 by Adv Aditya Narayan
court

The court stressed the importance of adhering strictly to legal procedures, particularly in cases involving arrests under section 69 of the GST Act. In a significant directive, the Supreme Court has instructed the Centre to refrain from using threats or …

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GST on Corporate Guarantee: Punjab & Haryana HC Temporarily Halts GST on Corporate Guarantee

8 May 2024 by Adv Aditya Narayan
corporate guarantee

The court has granted temporary relief, allowing companies served with show cause notices based on the contentious circular on GST applicability on corporate guarantee, to challenge them in court. GST on Corporate Guarantee: In a significant development, the Punjab & …

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Supreme Court Declines Vyapar Mandal’s Plea Against 45-Day Pay Rule in Income Tax Act

7 May 2024 by Adv Aditya Narayan
supreme court

The supreme court advised MSMEs associated with Vyapar Mandal to seek relief through the respective high courts if needed. In a recent development, the Supreme Court dismissed a petition by the Federation of All India Vyapar Mandal contesting the constitutionality …

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Bombay High Court: Income Tax Authority Advised to Avoid Over-Analysis for Smooth Justice Delivery

5 May 2024 by Adv Aditya Narayan
high court

High Court, which quashed the assessment order and directed a fresh assessment, ensuring due consideration of the petitioner’s deduction claim under Section 80IB(10). In a recent ruling, the Bombay High Court emphasized the importance of avoiding over-analysis by the Income …

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Visakhapatnam ITAT Overturns Addition Under Section 69A When Taxpayer Adequately Explains the Source of Cash Deposit

3 May 2024 by Adv Aditya Narayan
itat

ITAT Visakhapatnam Ruling in case of Konathala Nooku Naidu verses ITO/ case No. I.T.A. No.269/Viz/2023 In a recent decision, the Visakhapatnam Income Tax Appellate Tribunal (ITAT) has ruled in favour of a taxpayer, directing the deletion of an addition made …

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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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  • Madras High Court: GST Liabilities Do Not Automatically Disappear When a Company Is Sold as a Going Concern During Liquidation
  • Income Tax Reassessment Cannot Be Based on Mere Change of Opinion: Supreme Court Explains the Law
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  • Delhi High Court Refuses to Quash 80-Page GST Show-Cause Notice in Alleged Fake ITC Case
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  • Madras High Court: GST Liabilities Do Not Automatically Disappear When a Company Is Sold as a Going Concern During Liquidation
  • Income Tax Reassessment Cannot Be Based on Mere Change of Opinion: Supreme Court Explains the Law
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