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Issuance of summons u/s. 70 not deemed to be initiation of proceedings u/s. 6(2)(b) of the CGST Act

October 21, 2024 2445 Views 0 comment Print

This was followed by summons issued u/s. 70 of the CGST Act leading to the recording of certain statements. Certain records were also produced before the Central Authority.

Denial of ITC on sole ground that GST ITC 02 was filed manually not justified: Bombay HC

October 21, 2024 1329 Views 0 comment Print

Bombay High Court held that department cannot deny the benefits of accrued Input Tax Credit (ITC) on the sole ground that GST ITC 02 was filed manually and not electronically. Thus, relevant show cause notice quashed.

Penal liability u/s. 67 reduced for non-carrying requisite declaration in Form 8FA: Kerala HC

October 21, 2024 690 Views 0 comment Print

The petitioner partnership is a dealer in gold and diamond jewellery in Mumbai and registered as such under the Maharashtra Value Added Tax Act and the Central Sales Tax Act.

Revision order u/s. 263 sustained as assessment made without proper enquiry: ITAT Delhi

October 19, 2024 1140 Views 0 comment Print

ITAT Delhi held that error of bringing an amount of Rs.12,10,692/- to tax instead of the undisclosed amount of Rs.27,00,00,000/- is assessment made without proper enquiry and hence assessment order is erroneous and prejudicial to revenue so revision order u/s. 263 sustained.

Entertaining objection after confirmation of sale not justified as there is no allegation of fraud in e-auction: NCLT Mumbai

October 19, 2024 744 Views 0 comment Print

NCLT Mumbai held that entertaining objection raised by the applicant after the sale is confirmed unjustified as there is no allegation of fraud. Accordingly, application filed u/s. 60(5) of the IBC dismissed.

Condonation rejected as time limit prescribed u/s. 61 of IBC not satisfied: NCLAT Chennai

October 19, 2024 603 Views 0 comment Print

NCLAT Chennai held that appellant having knowledge of the proceedings fall within the purview of the term ‘Person Aggrieved’ u/s. 61(1) hence cannot be exempt from applying for certified copy within prescribed time.

Construction of Dewas by-pass road is works contract hence tax leviable under Commercial & Entry Tax Act

October 19, 2024 807 Views 0 comment Print

Madhya Pradesh High Court held that construction of Dewas by-pass road on a [Build, Operate and Transfer] BOT basis is in the nature of works contract and accordingly, commercial tax under the Commercial Tax Act as well as Entry Tax Act leviable.

Reserve arising out of amalgamation is capital reserve and hence not taxable u/s. 28(iv): ITAT Mumbai

October 19, 2024 2028 Views 0 comment Print

Held that reserve arising out of amalgamation is capital in nature and cannot be treated as revenue under the ambit of section 28(iv) of the Act. CIT (A) is correct in holding that capital reserve cannot be treated as an Income u/s 28(iv) of the Act.

Revision order u/s. 263 quashed as order passed in original proceeding itself is illegal: ITAT Surat

October 19, 2024 1620 Views 0 comment Print

ITAT Surat held that if the order passed in the original proceeding itself is illegal, then that cannot give rise to valid revision proceedings. Thus, revision order u/s. 263 quashed as order passed u/s. 147 r.w.s. 144 & 144B is invalid.

Profits estimated at 10% of contractual receipts hence no separate disallowance u/s. 40A(3) or 40(a)(ia) warranted: ITAT Chennai

October 19, 2024 891 Views 0 comment Print

The assessee is a contractor who is involved in the construction of roads, bridges, runways and tunnels etc. The assessee is also engaged in the business of operating petrol bunks, cinema theatres and manufacture of blue metals and ready-mix concrete.

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