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Judiciary

Stay of demand under GST cannot be denied for non-constitution of Tribunal

April 12, 2023 3912 Views 0 comment Print

Due to non-constitution of Tribunal, petitioner is deprived of his statutory remedy under Sub-Section (8) and Sub-Section (9) of Section 112 of B.G.S.T. Act.

Section 148A(b) mandates 07 days notice for giving reply

April 12, 2023 2655 Views 0 comment Print

As per the provisions of Section 148A(b) 07 days time is required to be given for giving reply to this notice and this provision is mandatory

SLP Dismissed By Supreme Court In The Case of Salil Gulati V. ACIT

April 11, 2023 11349 Views 0 comment Print

Salil Gulati Vs ACIT (Supreme Court of India) Hon’ble Supreme Court today in SLP No. 7466/2023 in Salil Gulati v. Assistant Commissioner of Income Tax has dismissed the SLP. The SLP had challenged the fresh reassessment notices for AY 2014-15 under 148A(b) issued after the Hon’ble SC judgment in Ashish Aggarwal case, on the ground […]

Mere suspicion cannot be sufficient evidence to invoke Section 67 of CGST Act 2017

April 11, 2023 2370 Views 0 comment Print

Tvl. Rising International Co. Vs. Commissioner of Central GST and Central Excise (Madras High Court) M/s.Rising International Company (legal name, Kailashkumar), Madurai, the petitioner herein, is a dealer registered under the Goods and Services Tax Act. It imports toys from China. It also purchases goods from Delhi-based dealers. The dealer’s specific stand is that returns […]

Invocation of revision jurisdiction u/s 263 ignoring order passed u/s 153A unjustified

April 11, 2023 1746 Views 0 comment Print

Calcutta High Court held that invocation of revisional jurisdiction by PCIT u/s 263 of the Income Tax Act ignoring the order passed u/s 153A of the Income Tax Act as immaterial and irrelevant unjustified.

Penalty u/s. 271(1)(b) not leviable as non-compliance was due to bonafide reasons

April 11, 2023 9444 Views 0 comment Print

ITAT Surat held that penalty under section 271(1)(b) of the Income Tax Act not leviable merely because the assesse couldn’t make compliance due to some bonafide reasons.

Addition u/s 69A sustainable for not providing satisfactory explanation of source of heavy denomination cash gifts

April 11, 2023 1359 Views 0 comment Print

ITAT Delhi held that addition under section 69A of the Income Tax Act sustainable on failure to provide reasonable explanation of the sources and justification of heavy denomination cash gifts.

Addition on the basis of mis-reporting of insurance company unsustainable

April 11, 2023 876 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act on the basis of mis-reporting of insurance company is unsustainable in law.

Confiscation of jewellery unsustainable as no evidence established that it is smuggled

April 11, 2023 1434 Views 0 comment Print

CESTAT Delhi held that jewellery is not liable to confiscation in the absence of any evidence that it is smuggled or it has been made by converting smuggled gold.

Obligation u/r 6(2) of CCR fulfilled by availing 85% credit on common input service

April 11, 2023 432 Views 0 comment Print

Calcutta High Court held that by availing only 85% of credit on common input service, obligation under rule 6(2) of Cenvat Credit Rules, 2004 (CCR) is fulfilled.

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