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Reassessment after 4 years without failure to disclose full & true material facts unsustainable

August 5, 2023 1509 Views 0 comment Print

Bombay High Court held that initiation of reassessment proceedings u/s 147 after the expiry of 4 years from the end of the relevant assessment years without failure on the part of the assessee to disclose fully and truly all the material facts unsustainable and liable to be quashed.

PCIT cannot exercise revisionary jurisdiction under section 263 on material not confronted to assessee 

August 5, 2023 1203 Views 0 comment Print

Analyzing the High Court case, ACIT Vs Sun and Sun Inframetric Pvt. Ltd., focusing on the PCIT’s ability to exercise revisionary jurisdiction under Section 263.

HC Denies TDS Demand on EDC: DLF Homes Vs JCIT Case

August 5, 2023 2796 Views 0 comment Print

Explore the Delhi High Court’s landmark decision in DLF Homes Panchkula Pvt Ltd vs JCIT (OSD) case, rejecting TDS on External Development Charges, and its implications on taxation norms

Retrospective GST registration cancellation without a valid reason is arbitrary exercise of power

August 4, 2023 4692 Views 0 comment Print

HC held that although Revenue department has discretion to cancel GST registration from a retrospective date but doing so without valid justification constitutes the arbitrary exercise of power.

HC Validates E-way Bills as Proof of Ownership of Goods in Transit

August 4, 2023 2262 Views 0 comment Print

HC court pointed out the baselessness of revenue’s claim that petitioner was not owner, given that the e-way bills, which are legally recognized as documents of title to the goods, were accompanying the goods in transit.

Delhi HC Rules in Favor of Blackberry India: Export of Taxable Services & Intermediary Status

August 4, 2023 1383 Views 0 comment Print

The Delhi High Court ruled in favor of Blackberry India, stating that services, except those under Rule 3(1) of Export of Services Rules, qualify as export of taxable services. The court also found Blackberry India not to be an intermediary based on the agreement with Blackberry Singapore.

ITC cannot be denied to recipient without due investigation of supplier: Calcutta HC

August 3, 2023 71115 Views 0 comment Print

Calcutta High Court has held that the denial of Input Tax Credit (ITC) to the recipient without due investigation of the supplier cannot be sustained. The ruling highlights the importance of conducting proper inquiries before reversing ITC claims.

Section 148 notice Issued In Name of Dead Person is Invalid

August 3, 2023 7776 Views 0 comment Print

Unravel Pravinchandra A Shah Vs Union of India case where a notice issued under Section 148 of Income Tax Act to a deceased person was ruled invalid by Gujarat HC

ITC cannot be claimed without payment of GST to Government as registration of Supplier cancelled prior to date of supply: Madras HC

August 3, 2023 43740 Views 2 comments Print

Read about the recent Madras High Court ruling that denies Input Tax Credit (ITC) if tax hasn’t been paid to the government. Analysis and implications for businesses dealing with suppliers with cancelled GST registrations.

Refund Granted for Seized Amount under FERA Due to Recorded Transactions in IT Returns

August 1, 2023 846 Views 0 comment Print

In present facts of the case, the Hon’ble High Court granted refund to the petitioner along with Interest from year 1988 for the cash which was seized without any corroboration and the said cash was also duly reflected in Income Tax Returns.

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