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Archive: December, 2023

Posts in December, 2023

Rajasthan HC Clarifies Solvent Security vs. Bank Guarantee in GST Refund Case

December 23, 2023 2247 Views 0 comment Print

Rajasthan High Court ruling on Raj Kamal Cargo Movers vs. Assistant Commissioner clarifies the distinction between solvent security and bank guarantee in refund cases. Full judgment provided.

Income already disclosed in ITR: Reopening after expiry of 4 years from relevant AY is invalid

December 23, 2023 15147 Views 0 comment Print

Bombay High Court quashes reopening proceedings in Shanmukhananda Fine Arts vs Dy. Director of Income Tax, citing income already declared in the ITR. Detailed analysis.

HC upheld penalty deletion as notice not specifies appropriate limb for penalty 

December 23, 2023 471 Views 0 comment Print

In PCIT Vs Bhudeva Estate Pvt. Ltd., Delhi High Court emphasized that notices for penalty under Section 271(1)(c) must explicitly specify grounds for penalty imposition.

Demand Solely Based on GSTR-2A: Rajasthan HC Grants Stay

December 23, 2023 1545 Views 0 comment Print

Rajasthan High Court stays recovery in Apar Fragrances vs Union of India, emphasizing payment through banking channel. Analysis of the order and its implications.

CBDT notifies ITR 1 and ITR 4 for AY 2024-25 / FY 2023-24

December 22, 2023 13488 Views 0 comment Print

CBDT notifies ITR 1 and ITR 4 for Assessment Year (AY) 2024-25 / Financial Year (FY) 2023-24 vide Notification No. 105/2023-Income Tax Dated: 22nd December, 2023. Ministry of Finance (Department of Revenue) (Central Board of Direct Taxes) New Delhi Notification No. 105/2023-Income Tax Dated: 22nd December, 2023 G.S.R. 908(E).— In exercise of the powers conferred by […]

Software supplied loaded on a medium is Sale & not a service: CESTAT Ahmedabad

December 22, 2023 1197 Views 0 comment Print

CESTAT Ahmedabad rules software loaded on medium is a sale, not a service, dismissing Service Tax demand. Details of Edukite Software Pvt Ltd vs. C.C.E. & S.T.-Vadodara-I included.

Delhi HC Directs Revocation Decision on Cancelled GST Registration

December 22, 2023 1218 Views 0 comment Print

Explore the Delhi High Court’s directive on resolving ITC claim discrepancies due to retrospective GST registration cancellation. Full judgment details of Cuthbert Winner LLP Vs Assistant Commissioner Of CGST & Anr.

GST Registration cannot be retrospectively Cancelled Arbitrarily: Delhi HC

December 22, 2023 1113 Views 0 comment Print

Delhi High Court judgment on K. Metal Industries vs Commissioner of GST & Anr. highlights that GST registration cannot be retroactively cancelled without proper reason. Full text and analysis provided.

Withholding Refund Unjustified without Fulfilling Section 241A Provisions

December 22, 2023 981 Views 0 comment Print

Karnataka High Court held that withholding of refund without satisfying requirements of provisions of section 241A of the Income Tax Act is unsustainable in law. Accordingly, refund along with interest allowed.

GST Order Sans Personal Hearing Invalid: Bombay High Court

December 22, 2023 2373 Views 0 comment Print

Explore Bombay High Court’s ruling in Kuehne Nagel vs State of Maharashtra, declaring a GST order invalid due to lack of personal hearing, violating Section 75(4) of CGST Act.

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