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SLP Against TNVAT Order Pending, HC Sets Aside Section 19(5)(c) Order

February 13, 2025 846 Views 0 comment Print

When the power to the statutory authority is granted upto five years to modify the order, it cannot be said that the constitutional authorities would not have power to review the action. SLP against the said decision was pending before the Hon’ble SC.

Taxpayer Must Provide Comparable Data in Foreign AE Cases:: ITAT remanded matter

February 13, 2025 594 Views 0 comment Print

In the matter above-mentioned ITAT partly allowed the appeal filed by the assessee by remanded it back to file of TPO after considering that assessee didnot submit proper documents before lower authorities.

Jurisdiction under Section 73 CGST requires compliance with Section 61 CGST: Rajasthan HC

February 11, 2025 1362 Views 0 comment Print

Petitioner runs a hotel and registered under GST. It was issued a notice in GST ASMT-10 intimating certain discrepancies which stated that the petitioner had availed ITC which was not available to him as per Section 17(5) of the RGST.

Waiver of interest u/s 220 (2A) required co-existence of three condition mentioned therein: HC

February 10, 2025 2658 Views 0 comment Print

In the abovementioned matter HC observed that all three conditions mentioned in section 220 (2A) were not co-existed and hence writ petition is liable to be dismissed.

Section 271D Penalty: Limitation Period Commences from ITO’s Reference to Addl. CIT, Rules HC

February 10, 2025 1434 Views 0 comment Print

In the recent ruling Hon’ble HC have observed that penalty proceedings, initiated u/s 271 D is barred by delay & laches as period of limitation starts from the reference made by ITO to Addl. CIT.

Bank certificate show cash Deposits during demonetisation: ITAT deletes addition u/s 69A

February 9, 2025 5571 Views 0 comment Print

ITAT Lucknow deletes ₹5.39 lakh addition u/s 69A, accepting assessee’s explanation for cash deposits during demonetization period. Bank certificate supports claim of ₹39,500 in old currency.

HC Dismisses Petition Challenging GST N/No. 56/2023 Due to Availability of Alternative Remedy  

February 9, 2025 1248 Views 0 comment Print

Detailed analysis of the Chhattisgarh High Court ruling in Abhiram Marketing Services Limited Vs Union of India regarding GST adjudication, Section 73, and alternative remedies under Section 107.

GST assessment order traversed beyond scope of notice: HC directs to treat order as SCN

February 9, 2025 996 Views 0 comment Print

Madras HC directs GST assessment order as SCN due to exceeding scope of notice. Detailed case of discrepancies in GSTR-3B vs. GSTR-2A/GSTR-2B resolved in court, impacting works contract taxation.

Deduction u/s 54B not allowed if land is not used for agriculture for last preceding two years: ITAT

February 8, 2025 639 Views 0 comment Print

PCIT observed that no agricultural activity was carried out from the year 2014 till 2018 in both the lands i.e. the agricultural land which was transferred by the assessee and also the land which was purchased by the assessee. 

SCN u/s 73 (1) is mandatory and summary in GST DRC 01 cannot substitute SCN: Gauhati HC

February 8, 2025 909 Views 0 comment Print

In the matter abovementioned HC quashed the impugned order after observing that no proper and prior SCN u/s 73 (1) of AGST was issued along with the Summary of Show Cause Notice in Form GST DRC-01.

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