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Archive: 15 March 2023

Posts in 15 March 2023

Delhi HC allows GST Registration cancellation from actual date of ceasing of business operations

March 15, 2023 3597 Views 0 comment Print

The petitioner had made an application in the requisite form (Form GST REG-16) praying that his registration be cancelled with effect from 31.07.2021. The reason for seeking cancellation of the registration was disclosed as ‘Discontinuance of business/Closure of business’.

Draft submission – Section 148 notice sent at wrong address

March 15, 2023 3423 Views 0 comment Print

In draft submissions before the First Appellate Authority, challenge the issuance of a Section 148 notice sent to the wrong address, affecting the assessment proceedings.

Petition challenging Constitutional validity of Sec 16(2)(c) of CGST Act

March 15, 2023 10650 Views 0 comment Print

A petition challenging the constitutional validity of Sec 16(2)(c) of the CGST Act highlights the impact on taxpayers and ongoing litigation, including the Bharti Telemedia case.

Notice not to be issued as service tax along with interest paid on being pointed out

March 15, 2023 2127 Views 0 comment Print

Servocraft HR Solutions Private Limited Vs Commissioner of Central Excise and Service Tax (CESTAT Chennai) CESTAT Chennai held that Show Cause Notice ought not to be issued when the assessee has paid Service Tax along with interest on being pointed out. Accordingly, penalty imposed under section 77 and section 78 of the Finance Act, 1994 […]

Penalty u/s 271B levied for non-furnishing of audit report without reasonable cause

March 15, 2023 1455 Views 0 comment Print

Sh. Yasir Bilal Khan Vs DCIT (ITAT Amritsar) ITAT Amritsar held that penalty u/s 271B for non-furnishing of audit report within specified date leviable as assessee failed to prove nexus between non-completion of the audit report u/s. 44AB with the flood of Kashmir. Facts- The penalty was levied by the ld. AO u/s. 271B of […]

Income from sale of developed flat under Joint Development Agreement taxable as capital gain

March 15, 2023 4887 Views 0 comment Print

ITAT Bangalore held that income from sale of developed flat, obtained under Joint Development Agreement (JDA), is to be treated as income from short term capital gain/ long term capital gain and not as income from business.

Matter of levy of VAT/ GST on Extra Neutral Alcohol pending before SC hence hearing deferred

March 15, 2023 825 Views 0 comment Print

Bombay High Court deferred the hearing in the matter of levy of VAT or GST on Extra Neutral Alcohol as matter already pending before Supreme Court.

Provisions of section 115BBE not applicable where surrender is made to cover any discrepancy

March 15, 2023 2595 Views 0 comment Print

ITAT Amritsar held that provisions of section 115BBE of the Income Tax Act cannot be made applicable where assessee has made a statement that the excess stock was a result of suppression of profit in respect of sales made outside the books of accounts.

Taxation of Cross-border e-commerce transactions: An Indian Perspective

March 15, 2023 4554 Views 0 comment Print

The taxation of cross-border digital and e-commerce transactions has always been a huge trouble for the entire world, including India, since it has created endless ways for doing the business virtually from anywhere in the world without having any physical presence.

Condition of pre-deposit for anticipatory bail in absence of final assessment not sustainable

March 15, 2023 1707 Views 0 comment Print

Supreme Court held that as there is no final assessment in fake invoice case made under GST Act, the appellant cannot be said to be under a legal liability. Accordingly, condition of pre-deposit for grant of anticipatory bail not imposable.

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