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Department to Comply with ITAT’s Order once Aware, within Stipulated Time

April 19, 2024 1683 Views 0 comment Print

Department argued that it had not received the ITAT’s order through proper channels, thus absolving itself of responsibility. However, the court rejected this argument, emphasizing that once the Department became aware of the ITAT’s order, it was obligated to comply within the stipulated time frame.

NFAC Cannot Invoke Section 144B if failed to Lodge Claim Within CIRP Timeframe

April 19, 2024 966 Views 0 comment Print

Delhi HC explains why NFAC cannot invoke Section 144B of the Income Tax Act if a claim is not lodged within the Corporate Insolvency Resolution Process (CIRP) timeframe. Detailed analysis based on M Tech Developers Pvt. Ltd. Vs National Faceless Assessment Centre.

HC directs Fresh order on payment of 10% of disputed GST demand

April 19, 2024 708 Views 0 comment Print

Madras High Court quashes order due to failure to respond to SCN, disparity in GSTR returns confirms GST demand. Detailed analysis & conclusion provided.

Delhi HC Sets Aside Retrospective GST Registration Cancellation

April 19, 2024 717 Views 0 comment Print

Delhi High Court’s judgment on Archit Khandelwal vs Pr. Commissioner of DGST Delhi regarding the retrospective cancellation of GST registration due to discontinuing business.

Section 132B(1)(i): AO’s Power on Seized Assets Not Abates After 120 Days

April 19, 2024 654 Views 0 comment Print

In the case of Dipak Kumar Agarwal Vs Assessing Officer, Allahabad HC rules that the power of the assessing authority to decide on the release of seized assets is not automatically abated after 120 days under S.132B(1)(i) of the Income Tax Act.

Allahabad HC Quashes House Tax Assessment Order: One Day’s Notice Deemed Undue Haste

April 19, 2024 258 Views 0 comment Print

Allahabad High Court sets aside assessment order due to inadequate notice, mandates fair hearing for house tax assessment. Full judgment analysis here.

One assessment order per assessee per assessment year should prevail unless annulled or set aside

April 19, 2024 804 Views 0 comment Print

The court’s deliberation highlights the absence of any challenge to the initial re-assessment order or its revision by the Commissioner. Furthermore, the judgment underscores the principle that one assessment order per assessee per assessment year should prevail unless annulled or set aside by a competent authority or court.

GST Registration cannot be cancelled with retrospective effect mechanically

April 19, 2024 750 Views 0 comment Print

Delhi High Court’s judgment on Sadhna Kohli vs Sales Tax Officer highlights the invalidity of retroactive GST registration cancellation without valid reasons. Read the full analysis here.

TNVAT Section 19(9) Doesn’t Apply to Inevitable Manufacturing Loss

April 19, 2024 189 Views 0 comment Print

Discover the Madras High Court’s decision on invisible loss under TNVAT Act, remanding the case for reconsideration. Analysis and implications discussed.

Pending DRC-01 Doesn’t Bar GST Registration Cancellation: Delhi HC

April 19, 2024 522 Views 0 comment Print

Delhi High Court’s verdict emphasizes that merely having a pending DRC-01 is insufficient to reject a taxpayer’s request for GST registration cancellation. Read the full judgment here.

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