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Migration of unadjusted TDS amount allowable under GST

January 26, 2023 1626 Views 0 comment Print

Jharkhand High Court held that unadjusted TDS amount under Jharkhand Value Added Tax Act is allowed to be migrated under Jharkhand Goods and Services Tax Act, 2017.

Order without stating reason of cancellation of GST registration is non-speaking

January 26, 2023 1740 Views 0 comment Print

Gujarat High Court held that order passed cancelling GST registration without mentioning the reason for said cancellation is non-speaking and cryptic in nature.

After an inordinate delay, Service Tax proceedings cannot be carried forward

January 25, 2023 1986 Views 0 comment Print

Bombay High Court held that proceedings that are not concluded within a reasonable period cannot be carried forwards after an inordinate delay.

Capital loss on sale of STT paid shares/mutual fund cannot be set off against LTCG on sale of land

January 25, 2023 3255 Views 0 comment Print

ITAT Mumbai held that long term capital loss arising out of the sale of shares and units of mutual funds on which STT was paid and covered under section 10(38) could not be set off against long-term capital gain arising out of the sale of land as per section 70(3) of the Act.

TDS u/s 194C is applicable in case of Common Area Maintenance charges

January 25, 2023 3714 Views 0 comment Print

ITAT Delhi held that as payment of rent and common area maintenance charges is made to distinct entities/ companies, TDS @10% u/s 194-I is deductible in case of payment of rent and TDS @2% u/s 194C is deductible in case of payment of Common Area Maintenance charges.

Addition u/s 68 unsustainable as identity, genuineness and creditworthiness of parties proved

January 25, 2023 2106 Views 0 comment Print

ITAT Mumbai held that addition u/s 68 for investment in joint venture unsustainable as assessee has duly discharged the onus and given all the necessary documents for the identity, genuineness and creditworthiness of the parties.

Assessee can raise additional claims before appellate authority

January 25, 2023 4173 Views 0 comment Print

ITAT Mumbai held that assessee is entitled to raise the additional legal submissions and also additional claims before the appellate authorities. Accordingly, appellate authorities have jurisdiction to entertain the new claim.

Adjudicating authority can pass an order for removal of Resolution Professional.

January 24, 2023 4179 Views 0 comment Print

NCLAT, Delhi held that adjudicating authority being the appointing authority of IRP/RP has due jurisdiction to pass an order for removal of the Resolution Professional.

Mere wrong classification doesn’t amount to mis-declaration/ mis-statement

January 23, 2023 9876 Views 0 comment Print

CESTAT Delhi held that wrong classification of goods or claiming of ineligible exemption notification doesn’t amount to mis-declaration or mis-statement.

CBDT guidelines dated 14th June 2019 is contrary to provisions of section 279(2)

January 23, 2023 2061 Views 0 comment Print

Bombay High Court held that CBDT Guidelines dated 14th June 2019 prescribing time limit for application for compounding of offence is contrary to provisions of section 279(2) of the Income Tax Act.

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