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Orissa High Court

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

March 5, 2023 2610 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 1896 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 7458 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

Transfer of jurisdiction in absence of any order u/s 127 is unsustainable

February 23, 2023 5328 Views 0 comment Print

Orissa High Court held that transfer of jurisdiction from CIT (IT)-1 New Delhi to Bhubaneswar without passing of any order under section 127 of the Income Tax Act transferring jurisdiction is unsustainable and liable to be set aside.

Jurisdiction of Assessee cannot be transferred Automatically to Jurisdiction of Company in which he is director

February 17, 2023 3234 Views 0 comment Print

Petitioner was surprised that jurisdiction had been shifted from Bhubaneswar to Balasore and he accordingly filed an objection on 10th March, 2016.

Purchases/Sales suppression cannot be based on ‘Eye Estimation’ of Stock

February 16, 2023 2913 Views 0 comment Print

HC held that there cannot be an automatic enhancement of taxable turnover on the basis of eye estimation by the Assessing Officer

CST not leviable as interstate movement of goods merely a branch transfer

February 13, 2023 2499 Views 0 comment Print

Orissa High Court held that assessee has discharged its initial burden of showing that the transaction was only a branch transfer, whereas, the Department has been unable to prove the transaction was not merely a branch transfer but was a movement of goods by way of interstate sale. Accordingly, Central Sales Tax not leviable.

Whether writ against notice u/s 148 is maintainable

February 4, 2023 2424 Views 0 comment Print

Pawan Kumar Agrawala Vs Income Tax Officer (Orissa High Court) The Chief Justice bench of Orissa High Court, of late has not been entertaining writ petition against notice u/s 148 in view of the decision of the Supreme Court in the case of Anshul Jain. This is notwithstanding the fact that on 1st February 2023, […]

OVAT: No concessional VAT on Tyre, Tube & Flaps sold with Tractor-Trolley

January 20, 2023 1281 Views 0 comment Print

Tribunal was justified to tax tyre, tube and flaps when sold along with tractor-trolley as a single unit to be taxed separately @ 12.5% [up to 31.03.2011] and 13.5% [after 01.04.2011]

Assessee allowed to rectify its GST Returns after the deadline

January 19, 2023 4536 Views 0 comment Print

HC permitted assessee to rectify its GST Returns filed for the months of September 2017 and March 2018, in order to claim ITC benefit by the recipient, wherein B2C was erroneously mentioned, instead of B2B. Held that, the assessee will be unnecessarily prejudiced if it is not allowed to avail the benefits of ITC.

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