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Archive: December, 2022

Posts in December, 2022

Tribunal cannot reconsider its previous decision

December 9, 2022 687 Views 0 comment Print

Orissa High Court held that in absence of any power of review, the Tribunal could not have subsequently reconsidered its previous decision and the subsequent order reopening the matter is held to be the illegal, ultra vires and without jurisdiction.

Postal Export (Electronic Declaration and Processing) Regulations, 2022 and implementation of PBE Automated System

December 9, 2022 1707 Views 0 comment Print

In order to leverage the vast network of post offices across the country and enable MSME’s (Micro, Small and Medium Enterprises) to export to global markets using e-commerce or other regular channels, the CBIC in collaboration with the Department of Posts (DoP) has developed a dedicated Postal Bill of Exports (PBE) Automated System for postal exports.

Order passed without any enquiry/ question is erroneous and prejudicial to interest of revenue

December 9, 2022 1587 Views 0 comment Print

ITAT Hyderabad held that AO has neither made any enquiry nor asked any questions to the assessee nor any information was called for. Therefore, the order passed by AO was erroneous and prejudicial to the interest of revenue within the meaning of section 263 of the Income Tax Act.

Reopening of assessment on incorrect assumption is invalid

December 9, 2022 3303 Views 0 comment Print

ITAT Mumbai held that reopening of assessment was undertaken by AO without application of mind on complete incorrect assumption of fact that no return of income was filed for the relevant Assessment year and hence said reopening of assessment is invalid.

Banks cannot Initiate recovery For Non-Payment of EMI Due to Default of Builder/Developer  

December 9, 2022 18378 Views 0 comment Print

Mudit Saxena Vs Union of India (Karnataka High Court) Banks Can Not Initiate Recovery of Loan From Homebuyers For Non-Payment of EMI Due to Default on the part of the Builder/Developer (Karnataka High Court): RERA In a significant order, Karnataka High Court prohibits Punjab National Bank Housing Finance Limited (PNBHFL) from using coercive means to […]

GST on maintenance of colonies developed by Chhattisgarh Housing Board (CGHB)

December 9, 2022 1257 Views 0 comment Print

Services provided by applicant in relation to maintenance of various colonies developed by Chhattisgarh Housing Board (CGHB) and not handed over to local authority by CGHB, is found not eligible for benefit of Nil rate of GST.

FIR cannot be registered in entry tax evasion cases in absence of provision under VAT Act

December 9, 2022 2826 Views 0 comment Print

HC held that in case of tax evasion, FIR cannot be registered as the VAT Act does not provide any provisions authorizing the same.

Case Analysis – CIT vs. Shri Thakur Das Bhargava, 1960

December 9, 2022 2778 Views 0 comment Print

The Income Tax Act, 1961 deals essentially with the imposing of taxes, exemptions and procedure to be followed therewith. The income that is accrued or deemed to accrue on the tax payer is the tax income and the application and diversion of income are two fundamental yet confusing concepts in the Indian Tax law. Also, both of these are court made concepts.

Higher sales in GSTR-1 and lower tax liability in GSTR-3B

December 9, 2022 22251 Views 0 comment Print

Menace of fake billing whereby seller was showing higher sales in FORM GSTR-1 to enable a purchaser to claim ITC but report suppressed sales in FORM GSTR-3B to lower GST liability.

GST registration restored which was cancelled without due service of Show Cause Notice

December 9, 2022 1404 Views 0 comment Print

HC set aside order cancelling GST Registration on the grounds that SCN was not duly issued for cancellation of registration by State Tax Officer.

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