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Initial burden to show that seized betel nuts are of foreign origin lies upon revenue

June 10, 2023 1356 Views 0 comment Print

Gauhati High Court held that betel nuts not being a notified item under section 123(2) of the Customs Act, 1962, the initial burden to show that the material seized is of foreign origin lies upon the revenue authority. Confiscation unsustained as revenue failed to discharge its initial burden.

GST ITC available on Taxable Works Contract Services for Construction of Hotel Building

June 10, 2023 9627 Views 0 comment Print

Tripura High Court declared that the assessee has the right to claim Input Tax Credit (ITC) for taxable works contract services utilized in the construction of immovable property. Discover the significance of this ruling and its implications for taxpayers in availing ITC for construction-related services.

Pizza and Sandwich being ‘Cooked food’ entitled for exemption of VAT above 5%

June 10, 2023 765 Views 0 comment Print

Rajasthan High Court held that Pizza and Sandwich categorized as ‘Cooked Food’ are entitled for exemption of payment of VAT in excess of 5%.

GST: Cash-credit account cannot be attached by Revenue being not debt

June 10, 2023 3189 Views 0 comment Print

Calcutta HC in J. L. Enterprises v. Assistant Commissioner, State Tax held that cash-credit facility is not a debt, thus cannot be attached through provisional attachment order.

Writ not entertained as alternative and efficacious remedy available to the petitioner

June 9, 2023 588 Views 0 comment Print

Guwahati High Court held that writ petition not entertained as the same is hit by the alternative and efficacious remedy available to the petitioners to prefer an appeal before the appellate authority competent to deal with the issues raised in this writ petition.

Opportunity to each member of society not necessitated in proceedings initiated u/s 34A

June 9, 2023 423 Views 0 comment Print

Madras High Court held that there is no necessity for providing opportunity to each and every member of the Society in the proceedings initiated under Section 34A of the Income Tax Act.

HC denies bail in fraud of 3 crore by Fabrication of GST Number & Firm name

June 8, 2023 3243 Views 0 comment Print

Supreme Court’s ruling in Sheetal Mittal vs. State of Rajasthan, where anticipatory bail was denied due to fabricated GST number and firm name

Bombay HC Upholds Legality of Section 13(8)(b) & Section 8(2) of IGST

June 8, 2023 4005 Views 0 comment Print

Section 13(8)(b) and Section 8(2) of IGST Act are legal, valid, and constitutional & these provisions should operate exclusively within scope of IGST Act, and cannot be applied to levy tax on services under CGST

Delhi HC Orders Re-Adjudication on Same-Day Notice & Reassessment Order

June 8, 2023 693 Views 0 comment Print

In a recent judgment, the Delhi High Court set aside the order and notice issued under Section 148A(d) and 148, respectively, in the case of Premium Estates Pvt. Ltd. vs. ACIT. The court directed the Assessing Officer to conduct a de novo assessment after the petitioner received the notice on the same day as the order.

Reasoned outcome based on analysis of material prevails when two contradictory outcomes are delivered

June 8, 2023 555 Views 0 comment Print

Delhi High Court held that when two contradictory final outcomes is delivered vide two different orders, the reasoned outcome based on analysis of material prevails over outcome without an iota of reason.

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