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Limitation for GST Appeal Starts the Day After Order Communication: Allahabad HC

December 5, 2024 1521 Views 0 comment Print

Allahabad High Court ruled that appeal in Balaji Coal Traders Vs Commissioner was not time-barred due to incorrect calculation of limitation period under UPGST Act.

Option Under Rule 6(3)(ii) of Cenvat Credit Rules Mandates Compliance with Payment Obligations

December 5, 2024 609 Views 0 comment Print

CESTAT Delhi partially allows Marudhar Hotels’ appeal regarding Cenvat credit demands under Rule 6 of the Cenvat Credit Rules, 2004. Read detailed judgment analysis.

Comparability Analysis must Focus on Functional Similarity Over Product Matching: Delhi HC

December 5, 2024 1035 Views 0 comment Print

Delhi High Court upheld the ITAT’s decision, concluding that the comparability analysis must focus on functional similarity rather than strict product comparability, and that certain disallowances made by the Assessing Officer were unjustified.

Section 144C(13) Compliance Timelines Begin from DRP Directions Upload Date

December 5, 2024 1605 Views 0 comment Print

Analysis of Hyundai Rotem Vs ACIT case by ITAT Delhi on tax assessments, time limits under Section 144C, and procedural compliance for international taxation cases.

Mandatory CSR Expenditure allowable Under Section 80G: ITAT Delhi

December 5, 2024 7440 Views 0 comment Print

ITAT Delhi resolves Cheil India Pvt. Ltd.’s appeal on CSR expense disallowance under Section 80G. Tribunal observed that CSR expenditures could qualify as donations if paid to approved institutions, distinct from direct CSR project costs

Section 271(1)(c) Penalty Quashed: Omnibus Notice Without Specific Charge Invalid

December 5, 2024 1014 Views 0 comment Print

ITAT Delhi quashes penalty imposed on Sudesh Gupta under Section 271(1)(c) as omnibus notice without specifying the charge was invalid

Appeals pending in CESTAT allowed if order not passed within one year of SCN

December 4, 2024 5835 Views 0 comment Print

CESTAT Delhi quashes orders passed after one year of SCN issuance in Kopertek Metals Pvt Ltd vs CGST Commissioner, emphasizing statutory adjudication timelines.

No Addition Based on GST and Income tax Return Differences if Reconciled

December 4, 2024 7065 Views 0 comment Print

ITAT Mumbai rules no addition can be made for differences between GST returns and ITR if reconciled. Assessee followed project completion method for accounting.

Section 270A Penalty Quashed Due to Unspecific Notice on Underreporting or Misreporting

December 4, 2024 3855 Views 0 comment Print

Manish Manohardas Asrani Vs ITO Int Tax Ward (ITAT Mumbai) The Income Tax Appellate Tribunal (ITAT), Mumbai, ruled in favor of the assessee, Manish Manohardas Asrani, quashing a penalty of ₹44,90,048 levied under Section 270A(8) of the Income Tax Act, 1961. The tribunal held that the penalty notice lacked specificity regarding the charge—whether it pertained […]

CoC can decide to liquidate Corporate Debtor before resolution plan confirmation: NCLAT

December 4, 2024 627 Views 0 comment Print

NCLAT affirms CoC’s authority under IBC Section 33 to liquidate a Corporate Debtor before resolution plan confirmation. CoC’s commercial decisions are non-reviewable.

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