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HC quashes GST order for not providing mandatory Section 75(4) Personal Hearing

December 10, 2024 342 Views 0 comment Print

Calcutta High Court quashes GST order for denying personal hearing, reaffirming mandatory compliance with Section 75(4) of the GST Act in adjudications.

Bail granted following the principle that bail is a rule and jail is an exception: Allahabad HC

December 10, 2024 120 Views 0 comment Print

Allahabad High Court granted bail to applicant involved in criminal matter based on the principle of ‘bail is a rule and jail is an exception’ and also concluding that there are no chance of absconding.

Disallowance not sustained as evidence duly established claim of expenditure: Delhi HC

December 10, 2024 243 Views 0 comment Print

Delhi High Court held that the disallowance of expenditure is not sustainable as the evidence and material produced by the assessee establish that it had incurred the expenditure as claimed. Thus, findings of ITAT cannot be perverse.

Benefit of DTAA available to services which doesn’t include element of make available technology

December 10, 2024 201 Views 0 comment Print

Delhi High Court held that provision of service by associated enterprise doesn’t include the element of ‘make available’ of technology to the assessee. Thus, benefit of Article 12 of India-USA DTAA available to such payment and hence TDS not deductible on the same.

Bombay HC Allows SVLDR Scheme Benefit Despite Excess Tax Declared

December 10, 2024 195 Views 0 comment Print

Kuber Health Food And Allied Vs Union of India (Bombay High Court) High Court Allows SVLDR Scheme Benefit Despite Higher Tax Quantification Declared Out of Abundant Caution- Admitted Tax Liability Before Cut-Off Date Upholds Eligibility for Settlement Scheme, Emphasizing the Objective of Reducing Litigation Summary of Judgment This petition raises the issue of eligibility under […]

Madras HC denies GST ITC on gold coins and T-shirts used in sales promotions

December 10, 2024 918 Views 0 comment Print

Madras HC denies GST ITC on gold coins and T-shirts used in sales promotions, citing Section 17(5)(h). Stock discrepancy claims also upheld for ARS Steels case.

Madras High Court Affirms Scope of Rule 86A in Negative ITC Blocking

December 9, 2024 606 Views 0 comment Print

Madras High Court ruled that Rule 86A of CGST Rules allows negative ITC blocking, irrespective of credit availability in ECL, to curb fraudulent input tax credit.

GST: Non-production of relied upon documents Violates Natural Justice principles

December 9, 2024 384 Views 0 comment Print

Allahabad High Court held that non-production of documents which were relied upon by the department amounts to violation of principles of natural justice. Accordingly, impugned order liable to be quashed.

Loss in derivative business is a business loss eligible to set off against business profit: Kerala HC

December 9, 2024 702 Views 0 comment Print

Kerala High Court held that a loss in the derivative business is a business loss for the purposes of Section 72, and thus a set off of such business loss would have to be permitted against profits and gains of business.

Income Tax Appeal u/s 260A Dismissed for Lack of Perversity in Tribunal’s Finding: Allahabad HC

December 9, 2024 90 Views 0 comment Print

Allahabad High Court held that appeal u/s. 260A of the Income Tax Act is not sustainable since there is no perversity in finding of the Tribunal and accordingly there exists no substantial question of law. Accordingly, appeal dismissed.

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