Assessee is legally entitled for cash refund of accumulated & unutilized Cenvat credit of Education & Secondary and Higher Education Cess as per Rule 3 of Cenvat Credit Rules, 2004
HC held that, State Tax Authority cannot prosecute assessee, when Central Tax Authority already initiated action in respect of same matter
HC held that assessee cannot be penalised for an inadvertent error in submitting an erroneous information, which had already been rectified. Revenue Department should examine information as submitted by assessee and process its claim for refund of unutilized ITC
ITAT held that no tax is required to be deducted at source on amount reimbursed to the director of the company. Further, when tax has been deducted at source by the assessee while receiving software consultancy services, disallowance cannot be done by the Revenue Department.
HC set aside order cancelling GST Registration of assessee, passed on the ground that assessee had failed to reply to Show Cause Notice
ITAT held that, principles of estoppel do not apply to Income Tax proceedings and the Revenue Department must keep in mind that the correct income of assessee must be taxed in proper Assessment Year and within limitation prescribed by Income Tax Act, 1961
Choksi Exports Vs Union of India (Gujarat High Court) – IGST refund claim cannot be withheld when ITC towards purchase from risky supplier already been reversed
A SCN must clearly state the allegations that concerned noticee has to meet, being the essence of a SCN, any notice that does not qualify this criterion, cannot be considered as a SCN, which are not meant to be issued mechanically to comply with a formality, but to serve the principles of natural justice and to enable the concerned authority to take an informed decision.
LLP is to be treated as a firm under Income Tax Act, 1961 and a firm can be a partner in other partnership firms therefore, LLP is eligible to exemption under Section 10(2A) on share of profit received from other partnership firms.
AAR ruled that ‘Bouquets’ made with dry parts of plants, foliage, flower buds, grasses, and branches of plants which dried, bleached, dyed, and coloured and sold with plastic foil packaging will be classifiable under Tariff Item No. 06039000 or 06049900 of the Customs Tariff Act, 1975, and would be exempted from GST
