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Judiciary

GST not leviable unless there is any supply of goods or services: Kerala HC

January 17, 2025 255 Views 0 comment Print

These writ petitions are filed by distributors of LPG appointed by the 1st respondent herein challenging orders imposing penalty, appellate orders, as also the Marketing Discipline Guidelines, 2018 under which the penalty is imposed.

GST on Concession Fees for Duty-Free Shops: Gujarat HC Verdict

January 17, 2025 246 Views 0 comment Print

Gujarat High Court rules GST is applicable on concession fees for duty-free shops, allowing input tax credit refunds due to zero-rated supply classification.

Right of personal hearing is fundamental right, which petitioner cannot be deprived off: HP HC

January 17, 2025 306 Views 0 comment Print

Assessment proceedings against the petitioner were started and completed on 23.01.2018 and on the same day penalty proceedings were initiated. Appeal against the assessment order got dismissed on 14.11.2022.

Time for furnishing return u/s. 39 of GST Act for September to be treated as 30th November

January 17, 2025 150 Views 0 comment Print

Kerala High Court held that the time limit for furnishing the return for the month of September is to be treated as 30th November in each financial year with effect from 01.07.2017. Thus, claim for Input Tax Credit to be processed accordingly.

Cash Deposit from Fruit & Vegetable Sale Commission Not Income: ITAT Kolkata

January 17, 2025 732 Views 0 comment Print

Sujit Biswas Vs ITO (ITAT Kolkata) The assessee is a proprietor of Baba Lokenath Sahal Sabji Bhandar and total turnover disclosed by the assessee during the instant financial year were ₹32,00,500/- against the purchases of ₹15,52,770/-. Assessee filed his return at total income at ₹2,92,240/-. The assessee engaged in the business of purchase and sale […]

Assessment order passed beyond period prescribed u/s. 153 is barred by limitation

January 17, 2025 243 Views 0 comment Print

Bombay High Court held that assessment order passed after expiry of period of limitation as prescribed under section 153 of the Income Tax Act read with first proviso below explanation 1 is barred by limitation. Accordingly, petition succeeds.

Section 68 Addition without granting cross-examination opportunity untenable: ITAT Nagpur

January 17, 2025 165 Views 0 comment Print

ITAT Nagpur held that addition under section 68 of the Income Tax Act without providing an opportunity to assessee to cross-examine the person whose statement was relied upon is untenable in law and hence liable to be deleted.

Reassessment u/s. 148 based on palpably incorrect information not sustainable: Delhi HC

January 17, 2025 306 Views 0 comment Print

Delhi High Court held that initiation of reassessment under section 148 of the Income Tax Act unsustainable as based on information which is contested as palpably incorrect without examining the material giving rise to the said information.

Injunction relief can be granted by Civil Court only: Madras HC

January 17, 2025 81 Views 0 comment Print

Madras High Court held that Injunction can only be granted by the Civil Court, unless and until the said power is specifically denuded from the Civil Court and granted to any Special Court or Tribunal. The civil revision petition succeeds.

Application U/S 9 of IBC Wrongly Rejected as Financial Debt Proven: NCLAT Chennai

January 17, 2025 63 Views 0 comment Print

NCLAT Chennai held that rejection of application preferred u/s. 9 of the Insolvency and Bankruptcy Code [I&B Code] not justified since existence of financial debt arising out of business transaction established.

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