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HC Quashes GST Order As Section 74 SCN was vague

March 23, 2024 15237 Views 0 comment Print

Analyzing the judgment of Madhya Pradesh High Court in the case of Durge Metals vs. Appellate Authority & Joint Commissioner, State Tax, concerning GST Act violations.

Time limit for completing assessment will start from document handing over date even when AO of searched and other person is same

March 23, 2024 1761 Views 0 comment Print

Madras High Court held that even if AO of both searched person and other person is same, for completing Assessment proceedings and passing the Assessment order has to be calculated from the date on which the documents were handed over or deemed to have been handed over to the AO of the “other person”.

Revisional power u/s 263 invocable as order passed without making required inquiry/ verification: Delhi HC

March 23, 2024 324 Views 0 comment Print

Delhi High Court held that assessment order passed without making required inquiries or verification is considered as erroneous and prejudicial to the interest of revenue, accordingly, PCIT rightly invoked revisional powers under section 263 of the Income Tax Act.

Stay Application Consideration Not Tied to 20% Pre-Deposit: Delhi HC

March 23, 2024 12168 Views 0 comment Print

Delhi High Court rules that pre-deposit of 20% demand is not a precondition for considering stay application during the pendency of the first appeal. Read the detailed judgment here.

Allahabad HC Invalidates Notice u/s. 148A(b) for Service to Unregistered Email ID

March 23, 2024 3441 Views 0 comment Print

Allahabad High Court held that valid service of notice under section 148 of the Income Tax Act is a condition precedent for making reassessment under section 147. Accordingly, non-service of notice on registered email ID is unsustainable in the eyes of law.

Kerala HC Grants Interim IGST Exemption for Child’s Rare Disease Medicine

March 23, 2024 315 Views 0 comment Print

Read how Kerala HC granted interim exemption to a mother for importing medicine for her child suffering from SMA, exempting her from payment of IGST.

Central GST Authority cannot initiate proceedings when State GST Authority has already initiated proceedings on same subject matter

March 22, 2024 1422 Views 0 comment Print

Discover the implications of Rajesh Mittal vs Union of India case on GST proceedings. Learn why Central GST Authoritys actions were halted when State GST Authority initiated proceedings.

ITC Transition not to be denied in case of Input Service Distributor (ISD)

March 22, 2024 1257 Views 0 comment Print

The Bombay High Court in Siemens India Ltd. v. Union of India holds that Input Service Distributors’ entitlement to transition Input Tax Credit (ITC) cannot be denied due to procedural lapses.

ED cannot proceed for offences under PMLA as FIR in predicate offence is stayed

March 22, 2024 1503 Views 0 comment Print

Jammu & Kashmir HC held that that it was not open to the respondent-Enforcement Directorate to proceed against the petitioner in respect of offences under PMLA once the FIR in respect of the predicate offences had been stayed by the High Court.

Sale of property in favour of third party cannot be declared as void by TRO: Madras HC

March 22, 2024 501 Views 0 comment Print

Madras High Court held that Tax Recovery Officer is not required to declare the sale between the petitioner and the fourth respondent as invalid as the sale is void abinito. Thus, court directed petitioner to institute suit in a civil court to establish right over disputed property.

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