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Input Tax Credit condition prescribed u/s. 16(4) of CGST Act is constitutionally valid

December 18, 2023 49176 Views 0 comment Print

Calcutta High Court held that registered person is entitled to Input Tax Credit only if conditions prescribed u/s. 16(2) of the Central Goods and Services Tax Act, 2017 are fulfilled. It includes time limit imposed via section 16(4). Accordingly, held that section 16(4) is not violative of Article 300A of the Constitution of India.

Taxpayer should be permitted to correct inadvertent error in Form GSTR-1

December 18, 2023 8427 Views 0 comment Print

Bombay High Court held that department should permit to correct any bonafide, inadvertent error incurred while furnishing details in Form GSTR-1 particularly when department is aware that there is no loss of revenue.

Show Cause Notice Isn’t a Denial of Hearing: Madras HC

December 18, 2023 1299 Views 0 comment Print

Madras High Court dismisses a writ petition, emphasizing that a show cause notice is not a denial of hearing. Get insights on the case – Lakshmi Jalladianpettai Lakshmanan Vs ITO

ITC Clubbing for two financial period for a refund is permissible as per Rule 89(4): Bombay HC

December 16, 2023 1686 Views 0 comment Print

Bombay HC ruling on ITC refund under Rule 89(4). Detailed analysis of Sine Automation case, circulars, and legal insights. Learn about permissible period clubbing.

HC directed ICAI to grant membership to CA Student who pursued multiple courses during CA Studies

December 16, 2023 44265 Views 2 comments Print

Since on every occasion the student had diligently sought permission from the Respondent to pursue the course and on every occasion, the student had been permitted to pursue the course. When time came to register her as a Member of the Council to practice as a Chartered Accountant, the Respondent wanted to put the clock back by four years tinkering with the permissions that were already granted from time to time, therefore, High Court issued a mandamus to ICAI to consider addressing the grievance of Petitioner in accordance with law and enrolling her as a Member of the Institute bearing in mind the  observations made in the course of the order.

Entire amount of pre-deposit not to be paid from Electronic Cash Ledger for filing appeal under Amnesty Scheme

December 16, 2023 1803 Views 0 comment Print

Patna High Court allows appeal under Amnesty Scheme with pre-deposit from Electronic Credit Ledger, stating it’s maintainable. Decision amid Supreme Court stay on conflicting judgment.

Fee received for registration of domain name of third party cannot be treated as royalty

December 16, 2023 2097 Views 0 comment Print

Delhi High Court held that Godaddy.com (appellant) had granted rights in or transferred the right to use its domain to a third party. Therefore, the fee received by Godaddy.com for registration of domain name of third parties cannot be treated as royalty.

Penalty u/s. 56(4)(b) of Bihar VAT Act duly imposed for mentioning of wrong invoice number in SUVIDHA form

December 16, 2023 828 Views 0 comment Print

Patna High Court held that penalty is imposable under section 56(4)(b) of the Bihar Value Added Tax Act, 2005 (Bihar VAT Act) on account of clerical mistake in mentioning of invoice number in SUVIDHA Form.

Revenue Department has no power to re-adjudicate or re-quantify Refund Order

December 16, 2023 1176 Views 0 comment Print

Madras High Court directs Revenue Department to refund excess tax as per the original refund order, stating it has no power to re-adjudicate or re-quantify.

Taxing amount based on presumption of future order of Small Causes Court unsustainable

December 15, 2023 951 Views 0 comment Print

Bombay High Court held that one cannot tax the amount having not accrued and not been received by the assessee on an assumption and presumption that in the future, the Small Causes Court will at least order the said sum in favour of the Appellant.

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