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SVLDRS benefit cannot be denied for Section 125 GST Enquiry notice after cut-off date

September 5, 2022 933 Views 0 comment Print

Sonjoli Construction Co. Vs Union of India (Rajasthan High Court) Petitioner submitted that the petitioner was entitled to apply under the SVLDR Scheme and he filed the timely application and deposited the due tax amount under the said Scheme. However, application filed by the petitioner has been rejected only an erroneous ground that audit had […]

ESOP price difference between offer & market price allowable as revenue expense

September 5, 2022 2265 Views 0 comment Print

PVR Ltd Vs CIT (Delhi High Court) HC held that ITAT erred in law in holding that the difference between the price at which stock options were offered to employees of the appellant company under ESOP and ESPS and the prevailing market price of the stock on the date of grant of such options was […]

No Penalty under Section 129 for Bonafide Mistakes in E-Way Bill

September 5, 2022 3813 Views 0 comment Print

Shanu Events Vs State of U.P (Allahabad High Court) Perusal of the e-way bill reveals, the petitioner made an inadvertent error in applying for the e-way bill. After mentioning the place of shipment to ‘Kumbh Mela, Haridwar, Uttarakhand’, the words ‘Madhya Pradesh – 483501’ were filled up. The address having been thus wrongly filled up […]

Allahabad HC Quashed Section 148 reassessment Notice for A.Y. 2014-15

September 5, 2022 1512 Views 0 comment Print

Priya Vs ITO (Allahabad High Court) Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Gaurav Mahajan, learned counsel for the respondent nos. 1 and 2/ Income Tax Department. This writ petition has been filed praying, inter alia, for the following relief:- “(i) Issue a writ, or direction in the nature of certiorari […]

GST: Interest leviable despite Availability of Credit in Cash/Credit Ledgers if No Payment was Made

September 4, 2022 7248 Views 0 comment Print

HC ruled that in a case where tax has not been remitted, interest U/s. 50 of the GST Acts is leviable even if the tax payer has adequate credit in his cash ledger or credit ledger. In essence, credit cannot be equated with cash remittances.

Bail granted in GST fraud case in absence of serious apprehension

August 31, 2022 3339 Views 0 comment Print

Punjab & Haryana High Court in GST fraud case granted the bail as no serious apprehension has been expressed by the prosecution of the petitioners being flight risks, or that they would tamper with the evidence or influence witnesses

GST Recovery proceedings initiation without notice is unsustainable

August 31, 2022 4014 Views 0 comment Print

HC Held that in the present case the department vide Form GST DRC-09 issued communication to the bank to recover the due from the petition u/s 79 without issuance of notice u/s 74(1) and without giving opportunity of being heard is not proper.

Section 148A Income Tax Notices are time barred for A.Y. 2017-18

August 31, 2022 12051 Views 0 comment Print

Section 148A notices of Income Tax are time barred for Assessment year (A.Y.) 2017-18, Rajasthan High Court Stays the operation of the Notice

Refund of service tax available as both service tax & GST paid on same transaction

August 30, 2022 1185 Views 0 comment Print

Held that undisputedly the appellant has made payment of both service tax and also GST. Further, service tax invoices were subsequently cancelled by issuing credit note. Hence, refund of service tax available to the assessee.

Calcutta HC quashes Section 148A(d) order for AY 2014-2015

August 30, 2022 3741 Views 0 comment Print

Ved Prakash Mittal Vs Union of India (Calcutta High Court) By this writ petition, petitioner has challenged the impugned order under Section 148A(d) of the Income Tax Act, 1961 dated 29th July, 2022, relating to the assessment year 2014-2015 on the ground that the same being without jurisdiction and being barred by limitation since the […]

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