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If GST refund application is not deficient in material particulars, it cannot be treated as non est

April 21, 2023 2913 Views 0 comment Print

Delhi High Court remands BSNL’s GST refund case to Adjudicating Authority, highlighting the importance of proper document submission under CGST Act.

AO cannot Levy Late Fee under section 234E for period Prior to 01.06.2015

April 21, 2023 2499 Views 0 comment Print

ITAT Hyderabad’s decision exempts Ochre Media Pvt. Ltd. from late filing fees under Section 234E for TDS returns, citing procedural amendments.

Analysis of West Bengal Settlement of Disputes (SOD) Scheme, 2023

April 21, 2023 19602 Views 0 comment Print

Get insights into the West Bengal Settlement of Disputes (SOD) Scheme, 2023. Understand the acts covered and eligibility criteria for dealers and transporters.

Penalty for Non-Appointment of CS – MCA directs ROC to re-examine the issue

April 21, 2023 1092 Views 0 comment Print

Penalty for Non-Appointment CS – matter is returned back to Registrar of Companies advising to re-examine the issues in totality and pass fresh order by taking the above facts into consideration before passing adjudication order and imposing penalty on the Company and its defaulting officers.

Non-constitution of GST Appellate Tribunal : Orissa HC Stays Demand

April 21, 2023 1416 Views 0 comment Print

Pratap Kumar Pradhan Vs Commissioner of CT & GST, Odisha and Ors. (Orissa High Court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet […]

Notice after 9 years of Bill of Entry cannot be treated as notice within a reasonable period

April 21, 2023 3408 Views 0 comment Print

Show Cause Notice has been issued approximately nine years after last Bill of Entry. In the given facts, we are unable to accept that appellant had issued notice within a reasonable period.

Professional fee Payment to Doctors cannot be disallowed by treating as Referral Fee

April 21, 2023 1749 Views 0 comment Print

ITO Vs Dipen M. Desai (ITAT Ahmedabad) It is an undisputed fact that the assessee has made payment of Rs.4,98,225/-to the Doctors as their professional fees and the same cannot be termed as referral fees. In fact, the ld AR at the time of argument submitted that the terminology of referral fees was wrongly interpreted […]

Final Assessment Order passed beyond limitation Period is Null & Void

April 21, 2023 2211 Views 0 comment Print

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void

POA Holder liable to tax on Capital Gain if fails to prove transfer of consideration to original owner/seller

April 21, 2023 1722 Views 0 comment Print

Assessee contended that he was not the owner of the property sold and he executed sale deed on behalf of owner Shri Ashok Kumar Garg and, therefore, fasting tax liability on account of short term or long term capital gain on the shoulders of the assessee is not valid.

Reassessment Notice against already Amalgamated Company is Invalid

April 21, 2023 735 Views 0 comment Print

Section 148 Income Tax notice issued in the name of company which has already been amalgamated so HC quashed it

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