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HC allows rectification of GSTR-1 to correct Bonafide mistakes in furnishing of correct details of outward supplies 

January 12, 2023 13791 Views 0 comment Print

HC allows Rectification of GSTR-1 Returns for Bonafide mistakes in furnishing of correct details of outward supplies for the assessment years 2017-18, 2018-19 and 2019-20 in terms of Recent Circular No. 183/15/2022-GST

Section 153A: Approval of 123 cases by JCIT in one day cannot be said to be with application of mind

January 12, 2023 7884 Views 0 comment Print

In the instant case, the draft assessment orders in 123 cases, i.e. for 123 assessment years placed before the Approving Authority on 30.12.2017 and 31.12.2017 were approved on 31.12.2017

Commissioner (A) should consider order Passed by it in past for Similar Goods

January 12, 2023 309 Views 0 comment Print

ABB India Limited Vs Union of India (Bombay High Court) The Petitioner is a manufacturer of circuit breakers and switch gears of high voltage. The Petitioner exported the goods under ten shipping bills dated 21 January 2008, 5 February 2008, 12 February 2008, 4 March 2008, 11 March 2008, 11 June, 2008, 5 June, 2008, […]

HC directs department to consider representation to condones delay in payment under IDS, 2016

January 12, 2023 1119 Views 0 comment Print

Dr. Satyajit Bose Vs DCIT (Calcutta High Court) Admittedly, under the under Income Declaration Scheme, 2016 (IDS, 2016) , the third installment of income tax ought to have been remitted by the appellant not later than 30th September, 2017 but was remitted on 16th October 2017 Since the scheme did not provide for any extension […]

Criminal proceedings arising out of orders of penalty not sustainable if penalty demand is quashed

January 12, 2023 1092 Views 0 comment Print

Sudhan Chandra Basak Vs Union of India (Allahabad High Court) This application is filed on basis of some undisputed facts that orders of penalty were passed against applicant under Sections 271(1)(a), 271(1)(c) and 273(b) of Income Tax Act for late filing of return for Assessment Year 1983-84. These orders were challenged by way of three […]

U.P. VAT: Burden to prove material recovered by mobile squads is upon Department

January 12, 2023 738 Views 0 comment Print

Under U.P. Value Added Tax Act, 2008 The burden to prove the material which was recovered by the various mobile squads was upon the Department and burden could not have been shifted upon the assessee to prove the same. Further, the assessee has denied the transaction having been made by him.

HC directs assessee to approach appellate authority w.r.t. order detaining ‘Teak Sawn Timber’

January 11, 2023 423 Views 0 comment Print

HC held that assessee cannot approach High Court when first remedy is still available. Directed the assessee to approach the State Tax Authority who passed the detention order and seek to revoke it by answering all the allegations.

Order not valid if notice in Part A of FORM GST DRC-01A was not issued

January 11, 2023 5601 Views 0 comment Print

Admittedly for initiation of proceedings against the petitioner a notice as provided for under Rule 142(1A) of the Rules in Part A of FORM GST DRC-01A was not issued, which provided for communication of details of any tax, interest and penalties as ascertained by the officer.

Enhancement of sentence based on statement of acquitted co-accused unjustified

January 11, 2023 1095 Views 0 comment Print

Punjab & Haryana High Court held that as the initial recovery against the co-accused stands acquitted, enhancement of sentence of the petitioner who was nominated on their statements becomes unsustainable in law.

Repatriation of sale proceeds of export expiry with statutory period of six months

January 11, 2023 1362 Views 0 comment Print

Calcutta High Court held that conjoint reading of section 18(1)(c) and section 18(1)(a) of the Foreign Exchange Regulation Act, 1973 definitely propagate that the duty to get the sale proceeds of export to be repatriated expiry with the statutory period of six months.

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