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Orissa High Court

Revisional proceeding u/s 18 has to be concluded not beyond 5 years from original assessment order

March 15, 2023 915 Views 0 comment Print

Orissa High Court held that the suo motu revisional proceeding under section 18(1) of the Odisha Entry Tax Act, 1999 has to be concluded not beyond five years from the original order of assessment.

Petitioner-dealer has due right to cross-examine the selling dealer

March 15, 2023 846 Views 0 comment Print

Orissa High Court held that petitioner-dealer has right to cross-examine the selling dealers, however, as more than two decades elapsed it might not be practical. Accordingly, assessment would stand completed at the figures disclosed in the return of petitioner-dealer.

‘Chokad’ sold to NALCO not being an ‘industrial input’ doesn’t attract 4% VAT

March 13, 2023 417 Views 0 comment Print

Orissa High Court held that Chokad sold to NALCO not being an industrial input. Accordingly, Entry 74 of Part-II of Schedule B of the OVAT Act attracting 4% VAT doesnot apply to the same.

OVAT Act : 4% VAT applicable on mosquito repellant ‘Good Knight’

March 12, 2023 954 Views 0 comment Print

State of Odisha Vs Godrej Sara Lee Ltd. (Orissa High Court) The question before the ACST as well as the Tribunal was whether the mosquito repellant ‘Good Knight’ sold by the Opposite Party-Dealer could be classified as ‘insecticide’ under Entry 30 of Part II of Schedule B to the OVAT Act attracting 4% tax or […]

State bound to cause conversion of leasehold right to ownership upon permission granted under proviso to section 281(ii)

March 10, 2023 4614 Views 0 comment Print

Orissa High Court held that in event petitioners obtain conversion, there will be better chance of recovery by revenue on proceeding with the attachment of land that would then be owned by the estate. However, upon the permission granted under clause (ii) of the proviso in section 281, State will be bound to cause the conversion

Addition u/s 68 sustained as no fresh affidavits produced proving borrowing of unsecured loans

March 10, 2023 726 Views 0 comment Print

Unideep Food Vs T.K. Satapathy (Orissa high court) Orissa High Court held that assessee failed to produce any fresh affidavits proving that it had borrowed unsecured loans from lender farmers as directed by ITAT while remanding the matter. Accordingly, addition under section 68 sustained. Facts- This appeal by the Assessee is directed against an order […]

ITC on GTA Services cannot be reversed in absence of specific provision 

March 6, 2023 660 Views 0 comment Print

Issue before CESTAT was regarding justifiability of demand of service tax raised on Assessee disallowing credit availed on input service attributable to quantity of iron ore fines and coal fines cleared by Assessee.

Section 80P(4) deduction allowable to Co-Op Society involved in Banking Business

March 5, 2023 2193 Views 1 comment Print

Cuttack Central Co-operative Bank Ltd Vs ACIT (Orissa High Court) ITAT held that Appellant-Assessee would be entitled to the benefit of the deduction under Section 80P(4) of the Act since it is a Cooperative Society involved in the business of banking. FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. While admitting the present […]

HC not accepted plea against GST demand already paid in full without any protest

March 5, 2023 1674 Views 0 comment Print

D. Murali Mohan Patanaik Vs Secretary to Government of Odisha (Orissa High Court) Under Rule 142 (1A) and (2A) of the OGST Rules, it is open to a person against whom a demand is raised to make a ‘partial payment’ and also to ‘file any submissions against the proposed liability’ in Part-B of Form-GST DRC-01A. […]

Assessee permitted to rectify its GSTR-1 for FY 17-18 & 18-19 to avail ITC benefits

February 28, 2023 6846 Views 0 comment Print

HC permitted assessee to rectify error of mentioning B2C instead of B2B in Form GSTR-1 at the time of filing of returns, holding that assessee would be prejudiced if it is not allowed to avail benefits of ITC

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