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Consultant Doctors Not Employees: TDS to Be Deducted Under Section 194J

September 19, 2025 1299 Views 0 comment Print

Bombay High Court ruled on TDS for Nanavati Hospital. It confirmed doctors are independent professionals, but remanded the AMC matter for re-evaluation.

Land Acquisition Compensation under National Highways Act Exempt from Income Tax: Chhattisgarh HC

September 19, 2025 2112 Views 0 comment Print

The Chhattisgarh High Court has ruled that compensation for land acquired under the NH Act is exempt from income tax, citing the RFCTLARR Act and Supreme Court precedents.

Pre-deposit made via ITC/ECL to be refunded in cash as per section 142(7)(b) and 142(8)(b) of KGST Act

September 19, 2025 1356 Views 0 comment Print

Karnataka High Court held that in terms of section 142(7)(b) and 142(8)(b) of the KGST Act all types of amounts refundable are to be refunded back in cash without there being any distinction between cash deposit or ITC/ECL deposit. Accordingly, 70% pre-deposit made through ITC/ECL is to be refunded in cash.

Sale & Purchase through stock market transactions would not come under GAAR without proof of arrangement

September 19, 2025 702 Views 0 comment Print

Department had not been able to show any arrangement to have been made by assessee in the course of selling its shares of M/s. HCL Technologies Pvt. Ltd. amounted to Impermissible Avoidance Arrangement (for short, ‘IAA’) and it was a pure trading done by assessee with no knowledge.

Allahabad HC Quashes GST Order Due to Portal Glitch

September 19, 2025 639 Views 0 comment Print

The Allahabad High Court has set aside a GST order against Virendra Kumar Surendra Prakash, citing a portal error where the order was not properly displayed to the taxpayer.

Department is under statutory obligation to refund amount to Rayban Sun Optics with interest

September 18, 2025 456 Views 0 comment Print

Rajasthan High Court held that department is under a statutory obligation to refund the amount with interest @12% p.a.. Therefore, rejection of claim of refund vide order dated 04th January 2023, is unsustainable in the eye of law.

Notice u/s. 74 of CGST Act quashed as issue of classification and taxability pending for adjudication

September 18, 2025 1956 Views 0 comment Print

The petitioner has a division “Pearson Vue” which is engaged in providing computer based test administration solutions and pursuant to its contract with GMAC, USA, the petitioner conduct GMAT on behalf of GMAC for candidates in India.

Pre-arrest bail granted to liquidator as insolvency proceedings pending before NCLT

September 18, 2025 561 Views 0 comment Print

Orissa High Court held that contractual dispute cannot be tainted with criminality. Accordingly, pre-arrest bail granted to the company liquidator [petitioner] since insolvency proceedings are pending before NCLT.

Inspection of premises under GST by officer below the rank of Joint Commissioner without authorisation is not lawful

September 18, 2025 933 Views 0 comment Print

Karnataka High Court held that any officer below the rank of Joint Commissioner cannot by himself inspect the premises of any taxable person without authorization from the Joint Commissioner in term of section 67 of the CGST Act.

Cancellation of GST registration with retrospective effect based on vague notice not tenable

September 18, 2025 879 Views 0 comment Print

Calcutta High Court held that cancellation of GST registration with retrospective effect on the basis of vague show cause notice not furnishing any details is not in accordance with law. Accordingly, writ petition is allowed and orders cancelling registration set aside.

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