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GST Council Can Recommend Rates, But Can’t Determine Classification: HC Allows Petition Challenging Flavoured Milk Classification

November 17, 2023 1773 Views 0 comment Print

Madras HC rules on GST for flavoured milk in Parle Agro case. Key verdict on classification; implications for businesses.

Deduction u/s 80P(2)(d) was allowable on interest income received from Co-Operative Bank

November 17, 2023 6930 Views 0 comment Print

Deduction under section 80P(2)(d) was allowable on receipt of interest from co-operative bank as a Co-operative Society was only a co-operative society as defined under the Act, be it a Co-operative Society carrying on banking business or Co-operative Society carrying on the other businesses or a Co-operative bank.

Orders passed beyond period of limitation prescribed u/s 153 (2A) was quashed

November 17, 2023 17505 Views 0 comment Print

The proceedings drawn, admittedly being beyond a period that was prescribed under sub-section (2A) of Section 153 and the consequential orders passed were all beyond the period of limitation prescribed under sub-section (2A) of Section 153 hence, the same being not sustainable, deserved to be and was accordingly set aside/quashed.

Travel expenditure incurred for business interest cannot be disallowed

November 17, 2023 663 Views 0 comment Print

Delhi High Court held that disallowance of travel expenditure unjustified as the expenses incurred had a nexus with the business interest of the respondent/assessee and AO has not brought anything on record to prove that the expenditure were of personal nature.

Notice for reopening of assessment issued on last date of limitation period is valid

November 17, 2023 1674 Views 0 comment Print

Delhi High Court held that notice for reopening of assessment issued u/s. 148 of the Income Tax Act on the last date of the limitation period cannot be said be have been issued beyond the period of limitation.

Delhi HC Quashes Section 148 Notices for AY 2016-17 & 2017-18 on Alleged Escaped Income Under Rs 50 Lakhs

November 17, 2023 16467 Views 1 comment Print

Delhi High Court quashes 148 notices for AY 2016-17 & 2017-18, setting precedent against retrospective tax assessments under Rs 50L; protects taxpayers’ rights.

HC quashed Section 148A(b) order as clear 7 days time to file reply not given

November 17, 2023 1404 Views 0 comment Print

Read the Calcutta High Court judgment in Pawan Kumar Sharma Vs Union of India, exposing procedural irregularities in the Income Tax Act Section 148A(b) order dated April 6, 2023.

Provisions of section 14A & 74H of Kerala Co-operative Societies Act is within legislative competence

November 17, 2023 684 Views 0 comment Print

Kerala High Court held that the provisions i.e. Sections 14A & 74H of the Kerala Co-operative Societies Act, 1969 not relating to any aspect of banking are within the legislative competence of the State Legislature.

Diesel supplied free of cost to GTA by recipient is addible to taxable value

November 16, 2023 1203 Views 0 comment Print

Chhattisgarh High Court held that diesel even though being provided free of cost by the service recipient to GTA service provider has to be added to the value for the purpose of GST.

Tax authorities bound to follow the view already taken on identical set of facts

November 16, 2023 846 Views 0 comment Print

Delhi High Court held that the taxing authorities would be bound by the view already taken and it would in any case be impermissible for them to take contrarian views with respect to an identical set of facts. Accordingly, refund granted in earlier occasions has to be granted currently as based on identical set of facts.

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