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Taxpayer should be permitted to correct inadvertent error in Form GSTR-1

December 18, 2023 5979 Views 0 comment Print

Bombay High Court held that department should permit to correct any bonafide, inadvertent error incurred while furnishing details in Form GSTR-1 particularly when department is aware that there is no loss of revenue.

Initiation of proceedings under IBC against Airport Authority of India unjustified

December 16, 2023 300 Views 0 comment Print

NCLT Hyderabad Held that Airport Authority of India being a statutory body created under Airport Authority of India Act, 1944, does not come under the definition of ‘corporate person’ u/s. 3(7) of IBC. Therefore, proceedings under IBC could not have been initiated against them.

Fee received for registration of domain name of third party cannot be treated as royalty

December 16, 2023 1017 Views 0 comment Print

Delhi High Court held that Godaddy.com (appellant) had granted rights in or transferred the right to use its domain to a third party. Therefore, the fee received by Godaddy.com for registration of domain name of third parties cannot be treated as royalty.

Penalty u/s. 56(4)(b) of Bihar VAT Act duly imposed for mentioning of wrong invoice number in SUVIDHA form

December 16, 2023 378 Views 0 comment Print

Patna High Court held that penalty is imposable under section 56(4)(b) of the Bihar Value Added Tax Act, 2005 (Bihar VAT Act) on account of clerical mistake in mentioning of invoice number in SUVIDHA Form.

Taxing amount based on presumption of future order of Small Causes Court unsustainable

December 15, 2023 612 Views 0 comment Print

Bombay High Court held that one cannot tax the amount having not accrued and not been received by the assessee on an assumption and presumption that in the future, the Small Causes Court will at least order the said sum in favour of the Appellant.

Limitation prescribed u/s. 17(D) of KGST doesn’t apply as matter remanded back by Court to redo assessment

December 15, 2023 456 Views 0 comment Print

Kerala High Court held that Held that the limitation prescribed u/s. 17(D) of the Kerala General Sales Tax Act [KGST] would not be applicable to the facts of the present case as the high Court had set aside the original assessment and remanded the matter back to redo the assessment.

Imposition of penalty u/s 67(1) of KVAT sustained due to filing of an untrue/ incorrect return

December 15, 2023 516 Views 0 comment Print

Kerala High Court held that filing an untrue or incorrect return in view of section 67(1)(d) of the Kerala Value Added Tax Act, 2003 [KVAT] assumes more rigour in the teeth of the onerous obligation, resulting in the imposition of a penalty. Accordingly, imposition of penalty justified.

Refund of accumulated ITC permissible when rate of certain inputs are higher than rate on output supply

December 15, 2023 3330 Views 0 comment Print

Delhi High Court held that refund of accumulated Input Tax Credit (ITC) permissible as rate of taxes on certain inputs being higher than tax chargeable on the output supply.

Mere charging guarantee fees for services by trust not sufficient to invoke proviso to section 2(15)

December 15, 2023 504 Views 0 comment Print

ITAT Mumbai held that mere charging of guarantee fees for services by the assessee trust ipso facto is not sufficient to invoke the proviso to section 2(15) of the Income Tax Act, that too without establishing that the object and purpose of the assessee is profit motive.

Reassessment proceedings based on query already raised in original assessment unsustainable

December 15, 2023 993 Views 0 comment Print

Delhi High Court held that reassessment proceedings will be invalid where once a query is raised and answered by the assessee in original assessment proceedings but thereafter AO didnt made any addition in the assessment order.

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