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NCLAT: Revision of GST assessment is beyond jurisdiction of RP, not sustainable in law

October 13, 2021 2562 Views 0 comment Print

NCLAT remarked that the revision of the GST assessment order was beyond the jurisdiction of the RP and the RP was not having the adjudicatory power given by the GST Law

Pre-deposit for filing appeal under GST to be paid through electronic cash ledger

October 13, 2021 3891 Views 1 comment Print

According to the Respondent, the pre-deposit cannot be equated to the output tax and this liability of pre-deposit could be discharged only by debiting the ECL as provided under Section 49(3) of the OGST Act read with Rule 85(4) of the OGST Rules.

A declarant seeking remedy under SVLDR Scheme, 2019 shall be given an opportunity of being heard if their declaration is rejected

October 13, 2021 1323 Views 0 comment Print

Balaji Services Vs Union of India and others (Madhya Pradesh High Court) A declarant seeking remedy under SVLDR Scheme, 2019 shall be given an opportunity of being heard if their declaration is rejected The Hon’ble Madhya Pradesh High Court in M/s Balaji Publicity vs. Union of India and others [WP No.3133/2021 and W.P. No.3130/2021 decided […]

Irrecoverable Loss due to Technical Snags & Bad Weather Conditions allowable

October 13, 2021 720 Views 0 comment Print

Fact that the business of Alliance Agro could not take off properly due to technical snags and the bad weather conditions reinforces the assessee’s claim of having genuinely incurred loss of Rs.1.43 core for its business purpose which became irrecoverable loss.

S. 153A Addition based on mere Statement of One Dummy Director not sustainable

October 12, 2021 2772 Views 0 comment Print

Action of the Ld. CIT(A) in confirming the addition of Rs.75 lakhs on the basis of sole statement of one dummy director, recorded during the survey action in case of that company, without confronting the same to the assessee, cannot be held to be justified.

TDS not deductible by distributor for mere routing of commission paid to retailers by telecom company through his ledger

October 12, 2021 3609 Views 0 comment Print

Laxmi D. Gupta Vs ITO (ITAT Mumbai) ITAT: Telecom Distributor is exempt from TDS on Commission given directly to Retailers by Service Provider In the case, the Appellant is engaged in distribution of SIM cards and mobile recharge coupons of Uninor. During proceedings, upon perusal of financial statements, the AO disallowed the expenses claimed by […]

ICAI Should Give Reasons for its Decisions to De-Register A CA: SC

October 11, 2021 3657 Views 0 comment Print

D.K. Agrawal Vs Council of Institute of Chartered Accountants of India (Supreme Court of India) Hon’ble Supreme Court held that the Council of Institute of Chartered Accountants of India (Respondent) needs to necessarily record reasons in its report as to why a CA must be de-registered. It has been held that the Respondent needs to […]

Reason for blocking of Credit under Rule 86A must be communicated to taxpayer

October 11, 2021 3024 Views 0 comment Print

HEC India LLP Vs Commissioner of GST and Central Excise Audit-II (Madras High Court) GST Authority needs to communicate reasons for blocking ITC of the taxpayer Hon’ble Madras High Court has held that the GST Authority necessarily needs to communicate reasons to the taxpayer if the taxpayer’s Input Tax Credit (ITC) is blocked. In the […]

GST registration cancellation for work from Home; Pass reasoned & Speaking order: HC

October 10, 2021 2964 Views 0 comment Print

Temporarily petitioner was not carrying his business from the premises in question from officially registered premises and they were carrying business in question from home.

HC quashes summary revised GST demand for not giving Fair opportunity of hearing

October 9, 2021 843 Views 0 comment Print

Manoj Kumar Vs State of Bihar (Patna High Court) Quashed summary revised GST demand cannot be made without giving the assessee a reasonable opportunity to be heard Patna High Court has held that a demand made under GST laws on the basis of orders passed where the assessee was not given a reasonable opportunity to […]

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