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Non-Filing of GST Returns due to Demise of Auditor: Karnataka HC Directs to Restore Registration

November 19, 2022 1437 Views 0 comment Print

HC directed GST Department to restore cancelled GST registration as Petitioner could not file GST returns due to sudden demise of auditor

Relief u/s 80CCC(1) not claimed so policy surrender value not taxable u/s 80CCC(2)

November 18, 2022 3630 Views 0 comment Print

Gujarat High Court held that amount invested in the pension policy is not claimed as relief under section 80CCC(1) and hence policy surrender value thereon is not taxabie under section 80CCC(2) of the Income Tax Act.

Reassessment due to change of opinion is impermissible

November 17, 2022 2307 Views 0 comment Print

Delhi High Court held that reassessment proceedings cannot be initiated by mere change of opinion of the Assessing Officer regarding the question of the fair market value or whether the amount paid by the assessee to his sisters was deductible from the total consideration.

Merely filing of VAT returns cannot be held to establish genuineness of transaction

November 17, 2022 825 Views 0 comment Print

Mahalaxmi Dye India Pvt. Ltd Vs ACIT (Delhi High Court) A perusal of the paper book reveals that during the investigation it has been found that M/s Seema Enterprises is not involved in any real business and hence the contention of the learned counsel for the petitioner that it made payments in the course of […]

Cancellation of GST Registration cannot be revoked due to disputes over undivided property

November 17, 2022 1029 Views 0 comment Print

HC held that Registration once issued to assessee and later cancelled upon request can’t be revoked merely on the basis of disputes with brother of applicant, over undivided property.

Employer liable to pay simple interest @10% for non-payment of gratuity within specified period

November 17, 2022 9384 Views 1 comment Print

Orissa High Court held that Central Government, in exercise of the powers conferred by Sub-Section (3-A) of Section 7 of the P.G. Act, 1972, vide Notification dated 01.10.1987, notified that simple interest @10% is payable for the time gratuity is not paid within the specified period.

Google Reviews not have any Legal Evidentiary Value, HC allows bail

November 16, 2022 1002 Views 0 comment Print

The argument addressed by the learned HCGP that the google search discloses that the petitioner has cheated number of persons which is evident from the review cannot be accepted as it does not have any legal evidentiary value.

Omission/ error in GSTR-1 cannot be rectified beyond period prescribed u/s 39(9) of CGST Act

November 16, 2022 8478 Views 0 comment Print

Telengana High Court held that statute has introduced limitation under section 39(9) of the Central Goods and Services Tax Act, 2017 to rectify omission/ error in GSTR-1 return and accordingly assessee cannot be permitted to carry out rectification beyond the statutorily prescribed period.

Forfeiture of property unsustainable in absence of nexus between income of detenue & acquisition of property

November 16, 2022 1422 Views 0 comment Print

Madras High Court held that order directing forfeiture of property u/s. 7 of the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is unsustainable as link or the nexus between the income of the detenue and the acquisition of the property is not established.

HC deletes addition for Foreign Exchange Fluctuation Earning not related to Business Activity

November 16, 2022 627 Views 0 comment Print

CIT Vs Hazira LNG Pvt Ltd (Gujarat High Court) CIT(A) recorded a finding that earning of the assessee from foreign exchange fluctuations was not in connection with its business activity. The finding was in the realm of appreciation of facts and material, therefore, is factual in nature. Such a finding came to be affirmed by […]

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