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Archive: May, 2023

Posts in May, 2023

Orissa HC stays demand as GST Appellate Tribunal not constituted

May 6, 2023 1305 Views 0 comment Print

Sundar Pravat Das Vs Joint Commissioner of State Tax (Orissa High Court) Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet been constituted, as an interim measure subject to the Petitioner depositing entire tax demand within a period of fifteen days from […]

Appeals against ITAT Order will Lie before HC in whose Jurisdiction AO is Situated: SC

May 6, 2023 3156 Views 0 comment Print

Appeals against every ITAT decision shall lie only before High Court within whose jurisdiction AO who passed assessment order is situated: SC

Co-op Credit Society Eligible for Section 80(P)(2) Income Tax deduction: SC

May 6, 2023 13248 Views 0 comment Print

CIT Vs. Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Limited (Supreme Court) There are concurrent findings recorded by CITA, ITAT and the High Court that the respondent/Assessee cannot be termed as Banks/Cooperative Banks and that being a credit society, they are entitled to exemption under Section 80(P) (2) of the Income Tax Act. Such finding of […]

Section 54F exemption eligible on payment on behalf of Assessee by Husband & Son

May 6, 2023 4377 Views 0 comment Print

Section 54F does not require one to one co-relation between capital gain arising out of transfer of long term capital asset and utilisation thereof for purchase /construction of residential house.

Service exempted retrospectively – Tax collected – Tax Incidence passed on – Refund rightly credited to Consumer Welfare Fund

May 6, 2023 501 Views 0 comment Print

Messrs Mahasagar Travels Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad) Briefly stated the facts of the case are that both the appellants are engaged in the inter-state and intra-state transportation of passengers and registered as Tour Operators and paying service tax in normal course of their business. However, Notification No. 20/2009-ST dated […]

Proceeding by two GST authorities on same issue – HC allowed time barred Appeal

May 6, 2023 1554 Views 0 comment Print

SSB Petro Products Vs Assistant Commissioner (Calcutta High Court) This intra-Court appeal is directed against the order dated 16.01.2023 passed in WPA 29 of 2023. The appellants had challenged the order passed by the Senior Joint Commissioner, State Tax, Howrah Circle dated 21.11.2022 rejecting the appeal filed by the appellant as time barred. On a […]

CBIC Drive against fake GST registrations – Impact & Suggestions

May 6, 2023 9525 Views 0 comment Print

It has been reported that the Indore Commissionerate of Central GST has recently identified 62 firms that obtained GST registration using fake documents. These firms were found to be issuing fake invoices and claiming crores of input tax credits.

Books cannot be rejected without showing defect in books of account maintained

May 6, 2023 2928 Views 0 comment Print

CIT(A) in his order while rejecting Books of Account does not specify defect in record. The basis of rejection appears to be best judgment of assessment

ITAT deletes addition for cash deposit during demonetization as appellant duly explained deposits

May 6, 2023 5814 Views 0 comment Print

Jet Freight Logistics Limited Vs CIT Appeal (NFAC) (ITAT Mumbai) It is evident that assessee is in continuous need for payment of cash at various point of time and hence, assessee had to withdraw cash in order to satisfy its business requirements. Moreover, the assessee has got 9 branches all over India and such cash […]

GST refund cannot be withheld for filing of appeal against refund order

May 6, 2023 4188 Views 0 comment Print

Brij Mohan Mangla Vs Union of India (Delhi High Court) In this case In terms of Orders passed by Appellate Authority, the orders rejecting petitioner’s application for GST refund have been set aside. The Appellate Authority has also directed restoration of the petitioner’s GSTIN registration. The record also indicates that the petitioner thereafter once again […]

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