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Penalty u/s. 271(1)(c) without specifying limb of levy not sustainable: Delhi HC

November 30, 2024 2766 Views 0 comment Print

Delhi High Court held that levy of penalty under section 271(1)(c) of the Income Tax Act without specifying the limb i.e. concealment of particulars of income or furnishing of inaccurate particulars of income not valid. Accordingly, penalty set aside.

Functionally dissimilar entity not includible as comparable: Delhi HC

November 29, 2024 954 Views 0 comment Print

The controversy in the present appeal relates to inclusion of an entity named E4e Healthcare Business Services Private Limited, as a comparable entity for benchmarking the international transaction of provision of IT-enabled services.

No Section 54 Exemption for Plywood Structures: Delhi HC

November 29, 2024 3249 Views 0 comment Print

Putting together a structure of plywood sheets cannot be construed as constructing a residential house. The Inspector had also reported that there was no electricity or water connection on the land and electricity was used by genset.

Minor Tax Shortfall Doesn’t Bar Vivad Se Vishwas Benefit: Kerala HC

November 29, 2024 678 Views 0 comment Print

Kerala HC rules minor tax payment shortfalls under the Direct Tax Vivad Se Vishwas Scheme can be remedied, ensuring benefits aren’t denied for procedural errors.

Contracts between service provider and recipient is base for levy of service tax

November 29, 2024 1026 Views 0 comment Print

The respondent on the other hand is of the view that the perpetual transfers being permanent rather not temporary, the show cause notices proposing to levy tax and the impugned orders of adjudication levying tax are without jurisdiction.

Appeal preferred after 1st April 2005 is maintainable u/s. 81 of Delhi Value Added Tax

November 29, 2024 663 Views 0 comment Print

Delhi High Court held that appeal pertaining to period prior to 01 April 2005 is maintainable under Section 81 of the Delhi Value Added Tax Act, 2004 (DVAT) instead of section 45 of the Delhi Sales Tax Act, 1975 since appeal is preferred after 01 April 2005.

Patna HC Dismisses Petitions on validity of GST Orders/Notices Limitations

November 29, 2024 5328 Views 0 comment Print

Patna High Court rules on extension of limitation for GST assessment orders in Barhonia Engicon Pvt Ltd case, addressing pandemic-related issues.

Kerala High Court Addresses GST Input Tax Credit Misclassification

November 29, 2024 10410 Views 0 comment Print

Kerala HC examines GST credit mismatch and procedural errors in ITC utilization under CGST and SGST, highlighting no revenue loss in Rejimon Padickapparambil Alex case.

Delhi HC Upholds Customs Valuation Ruling for Lack of Evidence Against Declared Transaction Values

November 29, 2024 1275 Views 0 comment Print

Niraj Silk Mills Vs Commissioner of Customs (ICD) (Delhi High Court) Niraj Silk Mills/Hanuman Prasad and Sons/Manavi Exim Pvt. Ltd. Vs. Commissioner of Customs – Delhi High Court – 27/11/2024 – Brief Analysis. The recent legal proceedings addressed appeals from Niraj Silk Mills and Hanuman Prasad and Sons against the Commissioner of Customs (ICD), Patparganj, […]

GST Refund on Ocean Freight Allowed if filed After Notification was Struck Down

November 28, 2024 1650 Views 0 comment Print

Gujarat High Court allows GST refund on ocean freight paid under RCM after the relevant notification was struck down, rejecting time-barred claims.

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