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Cancellation of GST registration doesn’t affect taxpayer’s liability: Delhi HC

September 30, 2024 1104 Views 0 comment Print

Delhi High Court held that cancellation of GST registration does not affect the taxpayer’s liability under relevant enactments. This, application for cancellation of GST registration allowed since petitioner has stopped carrying on its business.

Failure to Respond Due to Genuine Reason; Court Sets Aside Order for Violation of Natural Justice

September 30, 2024 825 Views 0 comment Print

Petitioner submits that the respondent issued an ASMT-10 notice dated 03.07.2023, indicating a mismatch between the amounts in FORM 26AS and FORM GSTR-1, which comes to Rs.69 lakhs.

Penalty for GSTR-3B & GSTR-2A Mismatch Set Aside for Lack of Hearing Opportunity

September 30, 2024 843 Views 0 comment Print

Madras High Court held that order confirming tax liability and imposing penalty on ground of mismatch of input tax claim between GSTR-3B and GSTR-2A set aside as order passed without giving opportunity of being heard.

GST Registration Cancellation Based on Prima Facie Investigation Untenable: HP HC

September 30, 2024 753 Views 0 comment Print

Himachal Pradesh High Court held that prima facie investigation cannot be basis of an order of cancellation of GST registration. Drastic penalty of cancellation of GST registration can be imposed only after completion of investigation.

Section 10B Benefit Applicable Before Set Off of Unabsorbed Depreciation & Brought-Forward Losses

September 30, 2024 651 Views 0 comment Print

Madras High Court held that benefit of section 10B of the Income Tax Act available even before setting off of unabsorbed depreciation and brought-forward losses. Accordingly, matter decided in favour of assessee.

Madras HC directs Fresh Order due to Assessee’s Unawareness of GST Notice Upload on Portal

September 30, 2024 411 Views 0 comment Print

Madras High Court held that order set aside as petitioner was unaware of notices being uploaded on GST common portal. Accordingly, respondent directed to pass fresh order on merits.

ITAT Bangalore Disallows 50% of Motor Car Expense Due to Lack of Furnished Details

September 30, 2024 426 Views 0 comment Print

Vide the present appeal, the assessee has challenged only two issues regarding disallowance of Rs. 1,99,291 towards motor car & Rs.29,345 on motor bikes; and adhoc disallowance towards salary, rent, machine charges & bonus.

Reassessment Under Section 148 Unsustainable Due to Notice Issued to Deceased: Delhi HC

September 30, 2024 651 Views 0 comment Print

Delhi High Court held that initiation of reassessment proceedings under section 148 of the Income Tax Act unsustainable as impugned notice issued in the name of dead person.

Addition for delayed payment to PF and ESIC due to mis-reporting in audit report unjustified: ITAT Ahmedabad

September 28, 2024 1158 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 36(1)(va) of the Income Tax Act for delayed payment of employees’ contributions to PF and ESIC based on mis-reporting by the auditor in the audit report is unjustified. Accordingly, addition restriction.

Rejection of refund claim on procedural ground invalidated: CESTAT Mumbai

September 28, 2024 987 Views 0 comment Print

CESTAT Mumbai held that rejection of refund claim on procedural grounds of non-furnishing of documents required to process the claim in invalidated. Accordingly, order set aside and matter restored to original authority.

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