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Action against appellate authority order kept on hold till GSTAT is constituted

September 2, 2023 1416 Views 0 comment Print

Himachal Pradesh High Court allowed the writ petition and directed department not to act in furtherance of order passed by appellate authority till the time appellate tribunal in term of Section 109 of the Himachal Pradesh Goods and Services Tax Act, 2017 is constituted.

PMLA: Bail rejected as satisfactory explanation regarding huge fixed assets & cash not furnished

September 2, 2023 762 Views 0 comment Print

Patna High Court held that as Petitioner failed to furnish satisfactory explanation regarding huge fixed assets and cash available with him, bail application of the Petitioner is rejected.

Mere Non-Appearance of Supplier Doesn’t Invalidate Transaction: ITAT Delhi

September 2, 2023 1329 Views 0 comment Print

ITAT rules that an assessee isn’t responsible for a non-responsive supplier when purchases were made in earlier years. Lack of supplier’s response to a section 133(6) notice doesn’t invalidate the transaction.

TDS u/s 195 not deductible as no income of non-resident is chargeable to tax

September 1, 2023 5271 Views 0 comment Print

Delhi High Court held that since no income chargeable to tax arose in the hands of the non-resident, as per the provisions of the Act, there was no obligation to deduct tax at source under Section 195 of the Act. Accordingly, disallowance u/s 40(a)(i) unjustified.

Detention of goods for non-issuance of credit note unwarranted

September 1, 2023 2529 Views 0 comment Print

Madras High Court held that Credit note u/s 34 of the Central Goods and Services Tax Act, 2017 not required when goods were being returned without even being received by the recipient. Accordingly, detention of goods for non-issuance of Credit note unwarranted.

HC upholds rejection of application for condonation of delay in Filing ITR filed after 16 years

September 1, 2023 2349 Views 0 comment Print

A detailed analysis of the Bombay High Court’s verdict in Mathuradas Narandas & Sons Forwarders Ltd. vs. CBDT, highlighting the significance of timely ITR filing.

Claim Refund in Form DVAT-21 If Not Claimed in Return: Delhi HC

September 1, 2023 1203 Views 0 comment Print

Delhi High Court held that as per Rule 34 of the Delhi Value Added Tax Rules, 2005, a claim for refund of tax is liable to be made in Form DVAT-21 only if such a refund is not claimed in the return itself.

Limitation Act 1963 Doesn’t Apply to GST Appeal Timeframes

September 1, 2023 4248 Views 0 comment Print

Tripura High Court’s decision on whether the Limitation Act 1963 applies to GST appeals. Analysis of Sanjib Kumar Pal Vs Union of India.

Order to cancel GST registration without specifying reason is not sustainable

September 1, 2023 2313 Views 0 comment Print

Singla Exports Vs Central Board of Indirect Taxes And Customs & Ors. (Delhi High Court) In a significant judgment, the Delhi High Court in Singla Exports v. Central Board of Indirect Taxes and Customs & Ors [W.P.(C) 2732 of 2023 dated August 09, 2023] has set aside an automated order which led to the cancellation […]

Appellant Isn’t an Intermediary Without Facilitating Third-Party Services

September 1, 2023 1950 Views 0 comment Print

Delhi High Court rules in Boks Business Services Pvt Ltd Vs CGST on determining ‘intermediary’ under the IGST Act. Understand the principal service provider role.

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