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All High Courts

Latest Posts in All High Courts

Date of submission of claim recognised on accrual of cash incentive: Punjab & Haryana HC

November 11, 2024 48 Views 0 comment Print

Punjab and Haryana High Court held that date of submission of claim would be recognized on accrual of cash incentive and not from date of submission or receipt of cash incentive.

GST demand confirmed due to non-response: Madras HC remitted matter back

November 11, 2024 189 Views 0 comment Print

Madras High Court remanded the matter back for reconsideration with condition to remit 5% of disputed tax demand since the tax proposal was confirmed because the tax payer did not appear for the personal hearing or respond to the show cause notice.

Input tax credit eligible under section 16(5) and 16(6) of CGST Act: Gauhati HC

November 11, 2024 165 Views 0 comment Print

Gauhati High Court held that petitioner is entitled to claim input tax credit subject to conditions prescribed to newly inserted section 16(5) and section 16(6) of the CGST Act, 2017 which are inserted vide Finance (No.2) Act, 2024.

Imposition of GST on differential turnover: matter remitted back due to non-participation in proceedings

November 11, 2024 75 Views 0 comment Print

Madras High Court remitted the matter of imposition of GST on entire differential turnover since petitioner failed to participate in the proceedings and petitioner has deposited 10% of the disputed tax demand.

Unblocking of ITC directed in matter of wrong availment of ITC to allow assessee to file return

November 11, 2024 72 Views 0 comment Print

Orissa High Court held that proper officer has exercised discretion in intimating petitioner that ITC has wrongly been availed. However, directed unblocking of Input Tax Credit for filing return within prescribed period.

Transferring part of building for managing threshold limit for levy of luxury tax is tax evasion

November 11, 2024 66 Views 0 comment Print

Kerala High Court held that transferring 1st floor of the building to wife for reducing limit below prescribed threshold limit for levy of luxury tax is tax evasion and not tax planning. Hence, petition dismissed.

Deposit of 25% directed due to non-participation in adjudicating proceeding: Madras HC

November 11, 2024 75 Views 0 comment Print

Madras High Court directed depositing of 25% to be deposited via electronic cash register since petitioner failed to participate in the adjudication proceedings. Thus, matter remanded back for fresh order on merits.

AAR Decision binding on both taxpayer & department if not appeal against: Calcutta HC

November 11, 2024 234 Views 0 comment Print

According to Section 103 of the CGST Act, unless an AAR ruling is challenged through an appeal, it remains legally enforceable, limiting the scope for the issuance of further show cause notices that contradict such rulings.

Bombay HC Quashes Section 148 Proceeding, Orders De Novo Assessment

November 10, 2024 669 Views 0 comment Print

Bombay High Court sets aside Section 148 notice in Anil Kumar Mehta vs ITO, citing procedural issues. Case remanded for fresh consideration by assessing officer.

Issuance of notice to dead person unjustified since entire estate taken over by official assignee: Madras HC

November 9, 2024 480 Views 0 comment Print

Madras High Court held that issuance of notice in the name of assessee unjustified as Official Assignee has taken charge of the entire estate of the original assessee. Once the assets are taken over by official assignee the notice issued to dead person is non est in law.

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