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AO Can’t Alter Gross Profit Rates When Books of Accounts Not rejected: Allahabad HC

May 25, 2024 1155 Views 0 comment Print

In PCIT Vs Mahabir Jute Mills Lts., the Allahabad High Court ruled that if books of accounts are not objected to, the AO cannot disturb gross profit rates. Detailed analysis here.

Delhi HC Sets Aside GST Order for not providing Opportunity for Clarification

May 25, 2024 1047 Views 0 comment Print

HC observed that if GST authorities found reply lacking, they should have requested additional information instead of outright dismissing reply. HC set aside impugned order and remitted case back to Proper Officer for re-adjudication.

Delhi HC Invalidates GST Order for Lack of Consideration of Petitioner’s Reply

May 25, 2024 1014 Views 0 comment Print

Delhi HC quashes GST demand of Rs 1 crore against RPJ Polymers, citing non-application of mind by Proper Officer. Case remitted for re-adjudication.

Delhi HC set aside arbitrary Retrospective GST Registration cancellation order

May 25, 2024 789 Views 0 comment Print

The Delhi High Court modifies the GST cancellation date for Swati Gupta, citing lack of clarity. The registration now canceled from the petitioner’s application date.

New Section 148 SCN Needed for issues not previously raised: Madras HC

May 25, 2024 2208 Views 0 comment Print

Madras HC rules that a new SCN u/s 148 of the Income Tax Act must be issued for issues not previously raised, ensuring procedural fairness.

Writ Petition maintainable if Position of Appellate Authority is vacant: J&K HC

May 25, 2024 1146 Views 0 comment Print

J&K High Court rules writ petition valid if appellate authority position is vacant, ensuring timely appeals.

Section 2(e): Plant, Machinery Sold after Business Closure Exempt from UPVAT

May 25, 2024 1983 Views 0 comment Print

Allahabad High Court rules plant and machinery sold post-business closure as capital goods, exempt from UPVAT. Detailed analysis of judgment and implications.

In absence of reasons order becomes lifeless: Allahabad HC Quashes GST Order

May 25, 2024 1839 Views 0 comment Print

GST: Reason is heart beat of every conclusion. In absence of reasons order becomes lifeless. Non recording of reasons renders order to be violative of principles of natural justice.

Onus is on Assessee to prove movement of goods & services under GST

May 24, 2024 1548 Views 0 comment Print

In Roshan Sharma v. Assistant Commissioner of Revenue, Calcutta High Court sets aside tax demand, interest, and penalty due to lack of effective opportunity for the Assessee to rebut allegations. Understand the significance of proving movement of goods and services.

Section 269SS & 269T Not Applicable to Share Application Money; No Penalty Under Section 271D or 271E

May 24, 2024 2859 Views 0 comment Print

Calcutta High Court held that share application money or its repayment does not fall under Section 269SS & 269T, as the same are not loans or deposits, and do not attract penalties under Sections 271D and 271E of Income Tax Act.

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