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Demanding GST from receiver under RCM leads to double taxation since tax paid by service provider

December 17, 2024 3279 Views 0 comment Print

Karnataka High Court held that demand of Goods and Services Tax (GST) under reverse charge mechanism from service receiver will lead to double taxation since entire tax already paid by service provider. Accordingly, appeal allowed.

Court cannot decide dispute between private parties under Article 226 of Constitution

December 17, 2024 1065 Views 0 comment Print

Madras High Court held that Article 226 of the Constitution doesn’t permit Court to decide the dispute between two private parties. Accordingly, writ dismissed with liberty to petitioner to avail civil remedy.

10% of disputed tax amount to be deposited due to non-appearance: Madras HC

December 17, 2024 798 Views 0 comment Print

Held that the impugned order dated 29.08.2024 is set aside and the petitioner shall deposit 10% of the disputed tax within a period of four weeks from the date of receipt of a copy of this order.

Expenditure treated as capital in books cannot be claimed as revenue in computation of income

December 17, 2024 1770 Views 1 comment Print

Madras High Court held that expenditure claimed as capital expenditure cannot be claimed as revenue expenditure in the computation of income. Accordingly, appeal filed by the assessee dismissed.

Denial of FTC for delay in filing of Form No. 67 not justified: ITAT Kolkata

December 17, 2024 873 Views 0 comment Print

The assessee filed his return of Income on 27.08.2019. After filing the return, assessee received intimation u/s 143(1) of the Act dated 23.03.2021 and found that relief under section 90 of the Act had not been allowed amounting to Rs 73,658/-.

Delay of 1809 days condoned on reasonable cause shown: ITAT Bangalore

December 17, 2024 975 Views 0 comment Print

ITAT Bangalore held that delay of 1809 days in filing of an appeal condoned since reasonable cause shown for the delay. Accordingly, appeal allowed and AO directed to allow Foreign Tax Credit after due verification of Form 67.

Delay in filing of appeal condoned since delay not deliberate or intentional: ITAT Surat

December 17, 2024 1389 Views 0 comment Print

ITAT Surat held that the delay in filing the appeal before CIT(A) is not deliberate or intentional or due to gross negligence on the part of the assessee. Accordingly, delay of more than 2 years condoned and matter remanded back to CIT(A).

Non-stamping of promissory note cannot be reason to reject application u/s. 7 of IBC: NCLAT Delhi

December 16, 2024 609 Views 0 comment Print

NCLAT Delhi held that since other materials on record prove the disbursement of amount and default, non-stamping of promissory note is inconsequential and could not be a reason to reject Section 7 application. Accordingly, appeal allowed.

Madras HC directed to re-do assessment and consider section 16(5) while disallowing ITC u/s. 16(4) of GST Act

December 16, 2024 1011 Views 0 comment Print

Madras High Court held that section 16(5) of the GST Act should be considered while disallowing Input Tax Credit clam beyond period prescribed under section 16(4) of the GST Act. Thus, directed to re-do assessment.

Madras HC granted opportunity to furnish objection after payment of 10% of disputed tax amount

December 16, 2024 807 Views 0 comment Print

Madras High Court directed petitioner to deposit 10% of the disputed tax amount in case of ex-parte order passed. In case the amount is paid, the order of assessment shall be treated as show cause notice and the petitioner shall submit its objections.

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