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Rectification Order Date relevant to calculate limitation period for appeal filing

December 6, 2024 903 Views 0 comment Print

Madras HC rules limitation period for GST appeals starts from rectification order date, clarifying doubts on timeframes for challenging assessment orders.

GST Notice Against Amalgamating Company Post-Merger is void ab initio: Delhi HC

December 6, 2024 444 Views 0 comment Print

Delhi HC rules notices issued to amalgamating companies post-merger are void. Case highlights Section 87 and 160 of CGST Act in HCL Infosystems Ltd. vs CST.

Claim of illegal allocation of zone to central excise inspector after one year of final order is time barred

December 6, 2024 165 Views 0 comment Print

Gauhati High Court held that claim of inspector in central excise of committing illegality in allocation of zone after one year from date of final order is time barred as per section 21(1)(a) of the Administrative Tribunals Act, 1985.

Accumulated profits u/s. 2(22)(e) to be computed after deducting depreciation as per income tax rules

December 6, 2024 429 Views 0 comment Print

Telangana High Court held that accumulated profits under section 2(22)(e) of the Income Tax Act are to be computed taking into account the depreciation as per the Income-tax Rules. Thus, matter decided in favour of the assessee.

Bail rejected as threshold of Section 37 of NDPS Act not crossed: Delhi HC

December 6, 2024 96 Views 0 comment Print

Delhi High Court held that since court is unable to reach to conclusion that applicant is not guilty and also the threshold of section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not crossed, the bail application is rejected.

Limitation for GST Appeal Starts the Day After Order Communication: Allahabad HC

December 5, 2024 312 Views 0 comment Print

Allahabad High Court ruled that appeal in Balaji Coal Traders Vs Commissioner was not time-barred due to incorrect calculation of limitation period under UPGST Act.

Comparability Analysis must Focus on Functional Similarity Over Product Matching: Delhi HC

December 5, 2024 156 Views 0 comment Print

Delhi High Court upheld the ITAT’s decision, concluding that the comparability analysis must focus on functional similarity rather than strict product comparability, and that certain disallowances made by the Assessing Officer were unjustified.

Commercial expediency not to be examined by AO while examining explanation provided u/s. 68

December 5, 2024 381 Views 0 comment Print

The Assessing Officer (hereafter AO) had made an addition to the income as returned by the respondent under Section 68 of the Act and disallowed the addition made under Section 14A of the Act.

Rate increase u/s. 115BBE from 30% to 60% effective only from 01.04.2017: Madras HC

December 5, 2024 723 Views 0 comment Print

The writ petitioner company is non-deposit taking Non-Banking Financial Company (NBFC) having license from the Reserve Bank of India (RBI) for functioning as a Micro Finance Institution (MFI) registered with RBI.

ITC Denial unjustified as section 31(3)(d) requirement satisfied: Bombay HC

December 5, 2024 468 Views 0 comment Print

Bombay High Court held that when the petitioner satisfied the requirements of Section 31(3)(d) of the CGST Act denial of input tax credit to the petitioner is arbitrary and illegal and contrary to the provisions of Section 16 of the CGST / MGST Act.

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