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Power of reopening an assessment is a ‘power’ which should be exercised with adequate reason

May 30, 2023 1173 Views 0 comment Print

HC set aside SCN issued under Section 148A(b) & consequential orders on the grounds that the opportunity of being heard provided at first instance should be an effective opportunity, since, the power of reopening an assessment is a ‘power’ which should be exercised with adequate reason.

Telangana AAR of cannot give ruling on GST liability in a different state

May 28, 2023 1686 Views 0 comment Print

Advance ruling authority constituted under Telangana State Goods and Services Act cannot give a ruling on liability arising under CGST Act or SGST Act in a different state.

Delay in issuing SCN cannot justify continuation of provisional attachment for several years

May 28, 2023 1482 Views 0 comment Print

Revenue department cannot continue attachment of bank accounts for several years under Section 83 of the CGST Act for Delay in issuing SCN 

Assessee directed to approach Revenue Department to avail benefit of special procedure for revocation of cancelled GST registration

May 27, 2023 513 Views 0 comment Print

In the case of Radhe Packaging vs. Union of India, heard by the Gujarat High Court, the court directed the assessee to approach the Revenue Department to avail the benefit of a special procedure for the revocation of their cancelled Goods and Services Tax (GST) registration.

Orissa HC Stayed demand of penalty & interest in absence of GSTAT

May 26, 2023 1521 Views 0 comment Print

HC stayed the demand of penalty and interest raised by the Revenue Department, during the pendency of writ petition, subject to the condition that the assessee deposits the entire amount of tax demanded within a period of 15 days, since the assessee wanted to avail the remedy under the provisions of law by approaching GST Appellate Tribunal

No Reversal of ITC on financial credit note in relation to post sale discount

May 26, 2023 4422 Views 0 comment Print

AAR Andhra Pradesh ruled that no reversal of Input Tax Credit (ITC) is required on a financial credit note issued for post sale discount. Gain insights into the ruling and its implications for businesses.

No income tax additions can be made merely relying on a Retracted statement

May 25, 2023 978 Views 0 comment Print

held that no income tax additions can be made when source of investment made against the share capital/ premium/ warrants, stands explained, as assessee and investor companies, have substantiated the same by furnishing evidences and proved the Identity, genuineness of transactions and creditworthiness of investor companies.

GST: Bank Account attachment without Notice: HC Quashes Writ & directs to file appeal

May 25, 2023 1776 Views 0 comment Print

Order rejecting application of petitioner for revoking order of attachment of bank accounts is appealable under Section 107 of OGST Act.

No Service Tax on sale of coaching material

May 24, 2023 1395 Views 0 comment Print

CESTAT held that amount collected by selling study material is not a taxable service, hence, no service tax leviable on sale of coaching material.

Trader of second-hand gold in form of lumps or irregular shapes cannot avail GST chargeability under margin scheme

May 23, 2023 1182 Views 0 comment Print

AAR ruled that purchasing second hand gold in form of jewellery / parts of jewellery, from unregistered individuals and selling to registered / unregistered dealers, after melting in form of lumps / irregular shapes of gold will not get benefit of chargeability of GST on the margin difference between the sale price and purchase price as stipulated in Rule 32(5) of CGST Rules 2017

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