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TDS Deducted by Employer cannot be Recovered from deductee: Delhi HC

December 9, 2023 999 Views 1 comment Print

Explore Delhi High Court’s ruling on TDS recovery, citing Income Tax Act Section 205. Analysis of Vishesh Khanna Vs DCIT & Ors case. Full judgment details.

HC upheld Section 40A(3) addition in absence of evidence against addition

December 9, 2023 411 Views 0 comment Print

Explore the Kerala High Court judgment in P.V. Thomas Vs ITO, upholding Income Tax Act Section 40 (3) addition. Detailed analysis and implications for assessment year 2015-2016.

HC dismisses revenue appeal against addition on protective basis as substantive addition deleted

December 9, 2023 837 Views 0 comment Print

Tribunal dismissed the appeal considering the drop of the substantive addition on merits. The Court, however, found no substantial question of law for consideration, given that the addition in the hands of the respondent/assessee was protective.

Kerala HC stays Recovery Proceedings till disposal of Stay Application or Appeal

December 9, 2023 582 Views 0 comment Print

Read the full text of Kerala High Court’s judgment in Kunnappilly Builders LL.P Vs ACIT, directing a stay on income tax recovery proceedings until the appeal is disposed of.

Delhi HC Directs Reconsideration of Income Tax Compounding Application

December 9, 2023 354 Views 0 comment Print

Delhi High Court rejects compounding application due to incomplete bank statements. Learn about Sanjiv Gupta’s case under IT Act Sections 276C(1), 276D, and 277. Detailed judgment analysis included.

Court Cannot Compel Private Entities to Issue C Form despite CST Compliance

December 9, 2023 663 Views 0 comment Print

Explore the Kerala High Court judgment in Sri Balaji Gas Bottling Co. vs State Tax Officer. Analysis reveals limits of writ jurisdiction on C Form issuance under CST Rules.

No rectification under CGST Section 161 if SCN not been contested: HC

December 9, 2023 1947 Views 0 comment Print

Rectification under section 161 of GST Act is only permissible for errors apparent on face of record. In cases where show cause notices go uncontested, rectification cannot be sought to correct factual mistakes in the final order.

Section 77(4) OVAT: Requirement of pre-deposit is for first & not second appeal

December 9, 2023 513 Views 0 comment Print

Orissa High Court rules pre-deposit under OVAT Act for first appeal can’t be used against second appeal. Detailed analysis and judgment in Swastik Agency case.

Restored GST Registration cannot be cancelled on Same reason: Delhi HC

December 9, 2023 564 Views 0 comment Print

High Court rules against GST cancellation notice due to procedural irregularities & lack of proof. Legal implications of the Samayshristi Enterprises ruling.

Reasonable time period is 30 days for filing reply to GST Show Cause Notice

December 8, 2023 5742 Views 0 comment Print

Madhya Pradesh High Court ruling in Raymond Ltd. vs Union of India, affirming a 30-day timeframe for responding to GST Show Cause Notices, setting a precedent for reasonable opportunities.

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