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Taxing amount based on presumption of future order of Small Causes Court unsustainable

December 15, 2023 612 Views 0 comment Print

Bombay High Court held that one cannot tax the amount having not accrued and not been received by the assessee on an assumption and presumption that in the future, the Small Causes Court will at least order the said sum in favour of the Appellant.

Limitation prescribed u/s. 17(D) of KGST doesn’t apply as matter remanded back by Court to redo assessment

December 15, 2023 459 Views 0 comment Print

Kerala High Court held that Held that the limitation prescribed u/s. 17(D) of the Kerala General Sales Tax Act [KGST] would not be applicable to the facts of the present case as the high Court had set aside the original assessment and remanded the matter back to redo the assessment.

Imposition of penalty u/s 67(1) of KVAT sustained due to filing of an untrue/ incorrect return

December 15, 2023 519 Views 0 comment Print

Kerala High Court held that filing an untrue or incorrect return in view of section 67(1)(d) of the Kerala Value Added Tax Act, 2003 [KVAT] assumes more rigour in the teeth of the onerous obligation, resulting in the imposition of a penalty. Accordingly, imposition of penalty justified.

Refund of accumulated ITC permissible when rate of certain inputs are higher than rate on output supply

December 15, 2023 3333 Views 0 comment Print

Delhi High Court held that refund of accumulated Input Tax Credit (ITC) permissible as rate of taxes on certain inputs being higher than tax chargeable on the output supply.

Reassessment proceedings based on query already raised in original assessment unsustainable

December 15, 2023 993 Views 0 comment Print

Delhi High Court held that reassessment proceedings will be invalid where once a query is raised and answered by the assessee in original assessment proceedings but thereafter AO didnt made any addition in the assessment order.

POCSO Cases Quashable on Genuine Compromise & Happy Marriage: HP HC

December 14, 2023 1698 Views 0 comment Print

Himachal Pradesh High Court rules that POCSO cases can be quashed if the victim and accused reach a genuine compromise and lead a happy married life. Analyzing a recent judgment, explore the legal perspective on quashing FIRs under the POCSO Act based on reconciliation and matrimonial harmony.

Refund of Tax paid on export is not barred by period of Limitation: Delhi HC

December 14, 2023 1119 Views 0 comment Print

Delhi High Court ruling on Grapes Digital Pvt. Ltd. vs. Principal Commissioner, allowing IGST refund for export of services and addressing interest on late payments.

Non-voluntary payment made under compelling circumstances during search is liable to be refunded

December 14, 2023 750 Views 0 comment Print

Delhi High Court held that payments made under compelling circumstances during the course of search, without ascertaining tax liability and issuance of notice post search, is liable to be refunded back to the taxpayer along with interest.

Involuntary reversal of ITC during search needs to be refunded to taxpayer

December 14, 2023 768 Views 0 comment Print

Delhi High Court held that involuntary reversal of Input Tax Credit (ITC) during search needs to be refunded to the taxpayer while reserving the right of the GST authorities to proceed against the said taxpayer to the full extent in accordance with law.

Madras HC Sets Aside GST Assessment Order Citing Technical Glitches on Portal

December 14, 2023 1806 Views 0 comment Print

Explore the Madras High Court’s decision in East Coast Constructions and Industries Ltd. vs. Assistant Commissioner, where it allowed a writ petition, highlighting technical issues on the GST portal. The court remanded the matter, emphasizing the need for a fair chance and directing the Revenue Department to address dashboard discrepancies.

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