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Archive: January, 2023

Posts in January, 2023

Assessee allowed to rectify its GST Returns after the deadline

January 19, 2023 4452 Views 0 comment Print

HC permitted assessee to rectify its GST Returns filed for the months of September 2017 and March 2018, in order to claim ITC benefit by the recipient, wherein B2C was erroneously mentioned, instead of B2B. Held that, the assessee will be unnecessarily prejudiced if it is not allowed to avail the benefits of ITC.

GST order passed without granting opportunity of personal hearing is set aside

January 19, 2023 5766 Views 0 comment Print

Gujarat High Court held that order, making the addition of huge amount of tax, interest and penalty, passed in FORM GST DRC-07 without granting opportunity of personal hearing is liable to be set aside.

Re-opening of assessment merely based on information from DGIT(Inv.) is untenable

January 19, 2023 1530 Views 0 comment Print

ITAT Mumbai held that re-opening of assessment without ‘reason to believe’ simply based on the information from DGIT(Inv.) is untenable in law.

Conditional approval under section 80G by PCIT is unsustainable

January 19, 2023 1689 Views 0 comment Print

ITAT Mumbai held that granting of conditional approval under section 80G of the Income Tax Act by PCIT/CIT is unsustainable in the eyes of law.

No Service Tax on health care services provided by clinical establishments by engaging consultant doctors

January 19, 2023 1911 Views 0 comment Print

Held that, there is no legal justification to tax the share of clinical establishments on the ground that they have supported the commerce or business of doctors by providing infrastructure and such assertion is neither factually nor legally sustainable. Further held that, clinical establishments providing health care services are exempted from the levy of Service Tax

Duty demand on test production is unsustainable in law

January 19, 2023 951 Views 0 comment Print

CESTAT Delhi held that the appellant had done only test production and hence duty demand on the same is unsustainable in law.

TDS applicability on purchase of goods under section 194Q

January 19, 2023 576207 Views 14 comments Print

Discover the applicability of TDS under section 194Q of the Income Tax Act for purchase of goods of value exceeding INR 50 Lakhs. Get to know how the provision, effective from 1st July 2021, affects you, here!

ITC Reversal for Non-Payment of Tax by Supplier and Re-Availment

January 19, 2023 44466 Views 1 comment Print

Learn how to reverse ITC for non-payment of tax by suppliers and availment of ITC – rule 37A of CGST rules CBIC, Notification No 26/2022 – Central Tax and more with Finance Act 2022.

Section 234E Late Fee for delayed TDS return filing not applies to FY 2012-13

January 19, 2023 3084 Views 0 comment Print

This writ petition has been filed, challenging the levy of fees under Section 234E of the Income Tax Act, for the financial year 2012-13 on the ground that the provisions of Section 234E of the Act can operate only prospectively, i.e, with effect from 01.06.2015 and not in respect of any earlier period.

When statutory appeal is provided, then said remedy has to be availed

January 19, 2023 1017 Views 0 comment Print

In Ansal Housing it is held that when there statutory appeal is provided, then the said remedy has to be availed.

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