Residential Status Dispute: Revenue Appeal Dismissed by ITAT Considering Explanation–1(a) to section 6(1)(c) of I-T Act

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Residential Status Dispute Resolved by ITAT: Non-Resident Status Confirmed on 176 Days Stay in India Residential Status of Individual: In a recent decision, the Income Tax Appellate Tribunal (ITAT) Mumbai dismissed the Revenue’s appeal and upheld the order passed by …

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Madras High Court Clarifies GST on Gift Voucher: Stance of AAAR Rejected by Court

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Court Rejected AAAR Stance that ‘Time of Supply’ is Solely Determined by the Date of Issuance of the Gift Voucher The Madras High Court has recently provided crucial clarity on the applicability of Goods and Services Tax (GST) on gift …

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Retrospective Cancellation of Registration Can’t Apply Only for Non-Filing of Returns: Landmark Verdict of Delhi HC

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Retrospective Cancellation of GSTIN should not Cover the Period when Taxpayer was Compliant and Filed the Returns Legality of Retrospective Cancellation Only Due to Non-filing of Returns: In a recent ruling on 18 January 2024, the Delhi High Court, in …

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Supreme Court to Deliberate Tax Exemption for Nuns and Priests Working as Teachers in Christian Missionary Schools

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SC to Decide upon Applicability of Income-Tax Exemption on Nuns & Priests Working as Teachers in Govt Aided Christian Missionary Schools Applicability of Tax Exemption on Nuns & Priests: The Supreme Court has recently acknowledged the significance of addressing a …

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Vehicle Seizure Without Notice Infringes Transporter Rights – Allahabad HC Ruling of 9 January 2024

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Allahabad High Court Ruling: Vehicle Seizure Without Notice Infringes Civil Rights of the Transporter Legality of Seizure of vehicles without Notice: In a landmark judgment on January 9, 2024, the Allahabad High Court, in the case of Akbar Ali Transport …

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Seek Tribunal Redressal to Ensure Fair Proceedings when GST Dept Fails to Comply CESTAT Directives

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Orissa HC Advices for Approaching Appropriate Tribunal when GST Department fails to Comply CESTAT Directives In a recent development, the Orissa High Court has underscored the significance of approaching the appropriate tribunal for redressal in matters related to the Goods …

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Kerala High Court Upholds Constitutional Validity of Section 16(2)(c) and Rule 36(4) of GST

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Kerala High Court reaffirms the constitutionality of GST Section 16(2)(c) and CGST Rule 36(4) In a recent development, the High Court of Kerala at Ernakulam, in Case No. WA Nos.1853 & 1857/2023, has upheld the constitutional validity of specific provisions …

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Gujarat HC Summons GST Officials Over Abrupt Registration Cancellation

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Gujarat High court expressed its dissatisfaction with the department’s failure to adhere to the guidelines In a recent development, the Gujarat High Court has summoned three high-ranking officials from the state and central GST departments to address concerns regarding the …

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Jharkhand HC Quashes Criminal Proceedings Relating to Non-Compliance of GST Summon under Section.70

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HC concluded that Continuing Criminal Proceedings under Section 174 of IPC would amount to an Abuse of the process of Law Quashing of Criminal Proceedings u/s.174 of IPC by Jharkhand HC: In a recent development, the Jharkhand High Court has …

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Cancellation of GST Registration without Clearly Specifying the Allegations is not Justifiable: Delhi HC Order Dt. 20.12.23

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The court set aside the cancellation order and directed for immediate restoration of the petitioner’s GST registration. In a ground-breaking decision pertaining to cancellation of GST registration, the Delhi High Court recently ruled in favour of M/s. S K Enterprises …

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Gujarat High Court Questions Seizure of 3rd Party Documents by Income-Tax Department from Lawyer’s Office

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The Court refused to accept the department’s undertaking on Seizure to seal Non-incriminating data and decided next Hearing on January 9 In a significant development, the Gujarat High Court has raised objections to the Income Tax department’s seizure of documents …

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Criteria for Invocation of Section 69A of Income Tax Act Clarified in a Recent Ruling of Delhi High Court

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Section 69A cannot be Invoked if Books of Accounts are not Maintained: Delhi High Court In a significant ruling on December 12, 2023, the Delhi High Court delivered a landmark judgement on Section 69A invocation criteria, in the case of …

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Supreme Court Upholds High Court Ruling Quashing ITC denial for Non-Payment of Tax by Seller

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Supreme Court rejected a plea filed by GST authorities challenging a Calcutta High Court decision against ITC denial to Buyer for Non-Payment of Tax by Seller Supreme Court Rejected Plea filed by GST Authorities: In a significant development, the Supreme …

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Technical Issues in GST Portal Causing Miscommunication Can Lead to Setting Aside an Order: Madras HC Order Dt. 11.09.2023

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Madras HC Sets Aside the Order of Assistant Commissioner Due to Confusing Delivery of Order in GST Portal In a recent legal development, technical issues on the GST portal have played a crucial role in case of East Coast Constructions …

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Jaipur ITAT Waives Penalty Imposed for Non-Deduction of TDS on Foreign Remittances: Order Dt. 22.11.2023

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ITAT emphasized the need for the assessing officer to establish the absence of reasonable cause before imposing penalty under section 271C of I-T Act ITAT Jaipur waives Penalty Imposed for non-deduction of TDS on Foreign Remittances:  In a recent judgement …

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