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Trust registration cannot be cancelled by applying provisions of section 12AB(4)(ii) retrospectively

May 17, 2024 1146 Views 1 comment Print

Appeals filed against PCIT orders under section 12AB(4)(ii) of Income-tax Act, 1961. Learn why assessees contest rulings affecting registration status and application of law.

ITAT deletes Interest Addition: Assessee Possessed Adequate Own Funds for Investments

May 17, 2024 474 Views 0 comment Print

Explore the detailed analysis of ITAT Delhi’s ruling on the appeal filed by ACIT against Dish Infra Services Pvt. Ltd., covering unexplained cash credit, debenture issue expenditure, and interest disallowance.

ITAT Bangalore Remands Commission Discrepancy Case Back to AO for Fresh Consideration

May 17, 2024 249 Views 0 comment Print

ITAT observed discrepancies between appellant’s claimed sales and commission received, as per Form 26AS, subject to TDS deductions. Tribunal concluded that issue required examination by AO, considering reconciliations with Form 26AS, and remitted matter back to AO for fresh consideration.

Delhi HC directs expeditious disposal of GST registration cancellation application

May 17, 2024 318 Views 0 comment Print

Delhi High Court directs expeditious disposal of Hari Om Enterprises’ GST registration cancellation application alleging incorrect date. Read the judgment here.

Delhi HC Orders GST Registration Cancellation from SCN Issuance Date

May 17, 2024 273 Views 0 comment Print

Acknowledging the mutual desire of both parties for cancellation of registration, the court modified the order to cancel the registration with effect from 22.06.2022, the date of the Show Cause Notice. It directed the petitioner to comply with the provisions of Section 29 of the Central Goods and Services Tax Act, 2017.

No Section 56 addition When Assessee was not True Beneficiary but Only Facilitator

May 17, 2024 576 Views 0 comment Print

Tribunal concluded that assessee was not real beneficiary of transaction but merely acted as a facilitator. Therefore, additions made under section 56 of Act were deemed arbitrary and were overturned.

Incomplete & Inconsistent Test Reports: CESTAT remands case for fresh determination

May 17, 2024 216 Views 0 comment Print

Compelling imperative consequent upon contradictory reports cannot be ignored. For central excise authorities to assume anti­podal positions is neither becoming nor legally proper

Extended period of limitation cannot be invoked solely on audit queries & objections

May 17, 2024 675 Views 0 comment Print

CESTAT held that Department could not solely rely on audit queries and objections to invoke extended period of limitation. It reiterated that appellant, being a Private Limited Company, had its Profit/Loss Account and Balance Sheet accessible as public documents, thus undermining any allegation of suppression.

Inordinate delay in adjudication of a show cause notice is fatal to its validity

May 17, 2024 1005 Views 0 comment Print

A detailed analysis of the Neelachal Ispat Nigam Ltd. Vs Union of India case from the Orissa High Court. Learn how prolonged adjudication delay can render decisions invalid.

No GST Act Proceedings Against Purchaser for Supplier’s Non-Deposit: Uttarakhand HC

May 17, 2024 21012 Views 2 comments Print

Uttarakhand High Court ruling clarifies that under GST Act Section 74, purchasers aren’t liable if suppliers fail to deposit taxes. Full analysis provided.

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