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Madras HC Upholds Section 194N, Dismisses Challenges to Circulars by Co-op Banks

December 26, 2023 1353 Views 0 comment Print

Explore the Madras High Court’s judgment on Primary Agricultural Cooperative Credit Societies challenging Circulars related to tax deduction on cash withdrawals, with an analysis of legal provisions.

Madras HC Overturns GST Assessment on Deceased; Legal Heirs Get Relief

December 26, 2023 7965 Views 0 comment Print

Read the full judgment from Madras High Court setting aside a GST assessment order against the deceased M.K.Girish. Legal heirs granted relief; court directs a response within 6 weeks.

SCN should indicate allegations to enable noticee to reply on issue: Delhi HC

December 26, 2023 2844 Views 0 comment Print

Delhi HC quashes GST cancellation in SK Enterprises case, stressing clarity in show cause notices. Upholds procedural fairness.

Circulars mandating compliance of section 194A & 194N by co-op societies cannot be challenged under Article 226

December 25, 2023 1407 Views 0 comment Print

Madras High Court held that circulars dated 16.03.2021, 05.08.2021 and 01.04.2021 mandating compliance of provisions of section 194A and 194N of the Income Tax Act by co-operative societies cannot be challenged under Article 226 of the Constitution of India.

MVAT: Manpower Agreement for Maintenance Services is not Sale Contract

December 25, 2023 2253 Views 0 comment Print

Bombay High Court held that an agreement for providing manpower to perform maintenance services is not a contract of sale but is a contract for service under the provisions of the Maharashtra Value Added Tax Act, 2002.

Advance ruling is binding on authorities in absence of any change in law/ facts

December 25, 2023 1911 Views 0 comment Print

Bombay High Court held that in absence of change in law/ facts, advance ruling pronounced by the authority shall be binding on the application and also on the Principal Commissioner of Customs or Commissioner of Customs and the customs authorities subordinate to him.

Custom Department’s action in selling gold during pendency of appeal is illegal

December 25, 2023 2589 Views 0 comment Print

Bombay High Court held that action of the department in selling the gold during the pendency of the appeal is illegal and unconstitutional.

6-Month Limit for Section 49(a) Cases in Indian Stamp Act, 1899 after Spoilage

December 25, 2023 2514 Views 0 comment Print

Delhi High Court held that the period of limitation for cases covered u/s. 49(a) of the Indian Stamp Act, 1899 would be six months from the date on which the stamp paper was spoiled. Accordingly, refund of 90% stamp duty directed.

Discovery in Later Assessments Not Grounds for Reassessment in Prior Years

December 25, 2023 2502 Views 0 comment Print

Karnataka High Court held that reassessment proceedings cannot be in the nature of review and accordingly, the material as has come to light in the assessment proceedings for the Assessment Year 2008- 2009 cannot be a sufficient ground to resort to reassessment proceedings.

Tea Production Eligible for Exemption under Notification 12/2017-Central Tax (Rate)

December 25, 2023 2370 Views 0 comment Print

Bombay High Court held that benefit of exemption under notification no. 12/2017- Central Tax (Rate) dated 28.06.2017 available to loading, unloading, packing, storage or warehousing of “agricultural produce” namely “tea”.

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