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Archive: January, 2023

Posts in January, 2023

GST Officer acted in a ‘Reckless Illegal Manner’: HC

January 1, 2023 693 Views 0 comment Print

HC held that we are of the opinion that the Officer acted in a reckless illegal manner leading to unwarranted litigation being filed in Court.

CENVAT Credit refund Rejected due to Limitation Can Be Claimed during Re-Opening of TRAN Window

January 1, 2023 882 Views 0 comment Print

Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court) In the present case, the petitioner’s request for refund of CENVAT credit in cash was rejected for the reason that it was filed beyond the period of limitation. The petitioner submits that although it was no longer entitled […]

Section 269St not applies if assessee not received cash of more than Rs. 2 lakh in a day from one party

January 1, 2023 1638 Views 0 comment Print

Balaji Auto Enterprises Mysore Pvt. Ltd. Vs ACIT (ITAT Bangalore) ITAT observe from the order of the AO that the assessee has received cash more than 2.00/- Lakh from the four parties on different dates. As per the opinion of the AO the assessee has violated the provision of section 269ST, therefore, he imposed the […]

DRP not empowered to set aside any proposed variation

January 1, 2023 975 Views 0 comment Print

DRP is not empowered to set aside any proposed variation or issue any direction under Section 144C(5) for further enquiry for passing the assessment order and therefore, the disallowance proposed under Section 37 (1) of the Act was without jurisdiction.

Section 43B not applicable to provision for Mining Closure Fund

January 1, 2023 1065 Views 0 comment Print

Gujarat Mineral Development Corporation Ltd Vs DCIT (ITAT Ahmedabad) It is pertinent to note that the assessee company made provision in Mining Closure Fund as per the guidelines issued by the Ministry of Coal which is mandatory to each mining company. It is not disputed fact that the assessee made claim u/s 43B every year […]

Income from Leasing of Multiplex is Business Income

January 1, 2023 966 Views 0 comment Print

Deep Multiplex Pvt. Ltd. Vs ITO (ITAT Ahmedabad) The assessee consistently followed that the income derived from the lease charges on the multiplex is a business income of the assessee in earlier years as well as in the present year. The assessee has filed appeal before the Tribunal which on merit, the assessee has succeeded. […]

Provisional attachment orders under GST have a life span of only one year

January 1, 2023 1233 Views 0 comment Print

Section 83 of the CGST Act mandating that a provisional attachment order would have a life span of only one year from the date of the order made under sub-section (1). After expiry of a period of one year, such provisional attachment would cease to have effect.

Cancellation of GST registration – HC grants one more opportunity to petitioner

January 1, 2023 870 Views 0 comment Print

HC held that as the issue pertains to cancellation of GST registration of the petitioner, it would be just and proper if one more opportunity is granted to the petitioner.

HC release goods & conveyance subject to payment of Tax, Penalty & Furnishing of Bond

January 1, 2023 879 Views 0 comment Print

Detention of goods & conveyance – interaction, interplay and inter se application of Section 129 and Section 130 of CGST Act, 2017

Person, who’s case is based on falsehood, has no right to approach the court

January 1, 2023 1323 Views 0 comment Print

A person, who’s case is based on falsehood, has no right to approach the court. He can be summarily thrown out at any stage of the litigation.

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