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Judiciary

POA Holder liable to tax on Capital Gain if fails to prove transfer of consideration to original owner/seller

April 21, 2023 939 Views 0 comment Print

Assessee contended that he was not the owner of the property sold and he executed sale deed on behalf of owner Shri Ashok Kumar Garg and, therefore, fasting tax liability on account of short term or long term capital gain on the shoulders of the assessee is not valid.

Palpable error in e-way bill & Tax Invoice amount is human error: HC

April 21, 2023 1368 Views 0 comment Print

In tax invoice the amount has been mentioned as Rs.1,97,047.86 whereas in e-Way Bill it has been mentioned as Rs.197047086.00. There is palpable error in e-way bill, which may be construed to be an human error

Merely not producing original bills cannot make purchase bogus

April 21, 2023 432 Views 0 comment Print

Assessee through bills established co-relation between sales and purchase and merely not producing original bills cannot make purchase bogus

Reassessment Notice against already Amalgamated Company is Invalid

April 21, 2023 504 Views 0 comment Print

Section 148 Income Tax notice issued in the name of company which has already been amalgamated so HC quashed it

GSTAT not constituted: Limitation for preferring appeal before GSTAT

April 21, 2023 777 Views 0 comment Print

limitation for appeal before GSTAT start only after date on which President, or State President of Tribunal after its constitution under Section 109 of GST enters office.

Cenvat Credit as per books cannot be rejected without issuing SCN

April 21, 2023 528 Views 0 comment Print

CESTAT held that unless CENVAT Credit availed by the appellant has not been recovered by way of issue of show cause notice invoking Rule 14 of CENVAT Credit Rules, 2004, the CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of Service.

NCLAT cannot condone delay Beyond 15 Days, much Less 45 Days

April 21, 2023 642 Views 0 comment Print

Diwakar Sharma Vs Anand Sonbhadra (NCLAT Delhi) The issue in this case is as to whether the delay caused in filing of the appeal much beyond the period of 45 days can be condoned by NCLAT? Section 61 of Code deals with the Appeals and Appellate Authority. Section 61(1) of IBC, 2016 provides for a […]

HC denies Condonation of delay as Assessee was aware of ITR filing due date

April 21, 2023 549 Views 0 comment Print

Fact that Assessee had filed his ITR for assessment year 2011-12 within time limit proves that Assessee was aware of process of filing ITR.

ICAI to cause special audit if objection are raised on its financials: Madras HC

April 21, 2023 11010 Views 0 comment Print

Special Audit of ICAI is to be conducted only in the event of falsehood or irregularity or illegality. In the present case, the petitioner raises several objections with reference to the financial aspects and he states that other members also raised similar objections for conducting Special Audit.

GST registration cancellation for mere not replying SCN is invalid

April 21, 2023 849 Views 0 comment Print

Order does not assign any reason for cancelling GST registration and is passed only on the ground that reply to show cause notice is not given. Non-submission of reply to SCN cannot be a ground for cancellation of GST registration.

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