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Archive: November, 2023

Posts in November, 2023

Bombay High Court Directs Swift Action on MSTT Website Development

November 25, 2023 627 Views 0 comment Print

Bombay High Court’s directive to Maharashtra on the development of Maharashtra Sales Tax Tribunal’s website. Progress update and next hearing on 28th November 2023.”

Zomato and Swiggy Face Rs 750 Crore GST Demand

November 25, 2023 2118 Views 0 comment Print

Introduction: Zomato and Swiggy, two giants in the food delivery sector, are now grappling with GST demand notices amounting to a staggering Rs 750 crore, as revealed by a report from the Directorate General of Goods and Services Tax Intelligence (DGGI). The crux of the matter revolves around the nature of food delivery services and […]

TNVAT: Recovery proceedings cannot be initiated until Investigation is completed

November 25, 2023 1137 Views 0 comment Print

In a Madras High Court ruling, recovery proceedings against Shewil Trading Company are halted until the Cyber Crime Cell completes its investigation. Know the case, implications, and the direction given by the court.

GST Demand Notice cannot be enforced during pendency of Stay Application

November 25, 2023 2406 Views 0 comment Print

Kerala HC disposed of writ petition directing Revenue Department to process Stay Application in one month without enforcing Demand Notice during pendency. Mathew Scaria v. Deputy Commissioner case under KGST Act.

GSTN Advisory: Act on Reclaimed ITC Reversals by November 30, 2023

November 25, 2023 4863 Views 0 comment Print

Understand the new Electronic Credit and Re-claimed Statement feature, reporting obligations, and reconciliation procedures. Key dates: November 30, 2023, for reporting and December 31, 2023, for amendments.

Upfront lease premium on lease-hold land allowable as deduction u/s. 37(1) of Income Tax Act

November 25, 2023 7167 Views 0 comment Print

ITAT Kolkata rules on upfront lease premium, corporate guarantee fee, and royalty income. Key points from ACIT Vs Britannia Industries. Full order analysis.

Commission paid to foreign agent not regarded as fees for technical services u/s. 9(1)(vii)

November 25, 2023 2991 Views 0 comment Print

ITAT Delhi held that foreign commission paid by the assessee to its foreign agent for arranging of export sales and recovery of payment could not regarded as fees for technical services under section 9(1)(vii) of the Act. Accordingly, disallowance of expenditure u/s. 40(a)(i) unjustified.

Even in ex parte cases, reasons must be recorded for reopening of assessments: HC

November 25, 2023 1548 Views 0 comment Print

Calcutta HC sets aside Section 148A(b) order for assessment year 2018-2019, citing lack of recorded reasons; directs fresh proceedings.

Approval Not Required for Section 148A(b) Notice – Calcutta HC

November 25, 2023 1866 Views 0 comment Print

n Suraj Singh vs ITO, Calcutta HC rules notice under Section 148A(b) doesn’t need approval under Section 151, providing insights on the decision.

Reopening Without Tangible Evidence of Income Escapement is bad in law: HC

November 25, 2023 1233 Views 0 comment Print

Explore the Calcutta High Court’s ruling against reopening assessments without tangible evidence of income escapement. Understand the legal implications.

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