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Detention u/s. 129(1) of GST Act affirmed due to deliberate misrepresentation

December 27, 2024 1257 Views 1 comment Print

Calcutta High Court held that detention order under section 129(1) of the West Bengal Goods and Services Tax Act, 2017 affirmed due to mismatch, coupled with a substantial gap between the declared and verified valuation, indicated a deliberate misrepresentation.

Digital or manual signature of officer must for treating order u/s. 73 of CGST Act as valid

December 27, 2024 1347 Views 0 comment Print

Kerala High Court held that orders issued u/s. 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order for the purposes of the CGST/SGST Acts.

New liability fastened after approval of resolution plan would palpably be illegal

December 27, 2024 897 Views 0 comment Print

Allahabad High Court held that the resolution applicant cannot be saddled with new claims once a resolution plan has been approved. Thus, any new liability being fastened after the approval of the Resolution Plan would inherently and palpably be illegal.

All authorities below failed to appreciate filed details- Delhi HC remand matter to AO

December 27, 2024 444 Views 0 comment Print

In a recent ruling Delhi HC remanded the proceedings to the AO to consider the Assessee’s alternate claim for loss arising out of the HTM securities, as loss under the head ‘income from business and profession.

Bail granted in fraudulent availment of ITC as no incriminating material recovered

December 27, 2024 843 Views 0 comment Print

Chhattisgarh High Court granted bail as no incriminating has been recovered at the instance of the present applicant in the matter of fake firm for availing fraudulent Input Tax Credit. Bail application allowed.

Initiation of reassessment proceedings against dead person illegal: Kerala HC

December 27, 2024 1101 Views 0 comment Print

The assessee, expired on 30.10.2021. Notice dated 27.03.2023 u/s. 148A(b) of the Act was served on the address of the late assessee. The said notice was with respect to the assessment year 2019-2020.

Assessee’s computation of expense for exempt income not found inadequate so recourse to rule 8D invalid

December 27, 2024 696 Views 0 comment Print

Delhi High Court held that recourse to Rule 8D of Income Tax Rules for computing disallowance u/s. 14A not allowable since assessee’s computation of expense attributable to earning exempt income not found inadequate.

Property purchased before commission of offence cannot be attached u/s. 5(1) of PML Act

December 27, 2024 1263 Views 0 comment Print

Kerala High Court held that provisional attachment of properties purchased before commission of offence under section 5(1) of Prevention of Money-Laundering Act, 2002 [PML Act] is ex-facie null and void. Accordingly, order attaching property quashed.

Bonafide intent must be proved for property purchased from GST defaulters

December 26, 2024 1035 Views 0 comment Print

Madras HC rules bonafide intent essential for purchasers of properties from GST defaulters. Attachment order valid unless intent is proven in court.

GST SCN worded as Final Order Without Proper Hearing Unsustainable: Gujarat HC

December 26, 2024 2160 Views 0 comment Print

Gujarat HC quashes GST show cause notices and order for 2017-18, ruling they were final orders without a hearing. Case remanded for fresh proceedings.

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