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Judiciary

Exemption notification 25/2012-ST covers all construction activities other than construction of market sheds etc.

March 16, 2023 10071 Views 0 comment Print

Allahabad High Court held that word infrastructure in exemption notification no. 25/2012-ST dated 20.06.2012 includes all construction activities other than construction of market shed, shops etc. which are necessary for providing Post-harvest infrastructure for agricultural produce.

Writ dismissed as in spite of various opportunity, non-appearance stating COVID as reason is unwarrantable

March 16, 2023 651 Views 0 comment Print

Calcutta High Court held that as submitted by assessee non-filing of reply and not appearing for hearing in spite of several opportunity simply stating reason of COVID-pandemic not justifiable. Accordingly, writ petition dismissed.

Reopening on incorrect assumption of fact is invalid, hence subsequent revision order u/s 263 bad-in-law

March 16, 2023 2580 Views 0 comment Print

ITAT Mumbai held that as entire reasons for reopening were recorded by incorrect assumption of facts, accordingly, reopening was invalid and bad-in-law. Hence, subsequent invocation of revisional jurisdictional under section 263 of the Income Tax Act is untenable in law.

Delay of 306 days in filing of an appeal condoned on reasonable cause shown

March 16, 2023 1128 Views 0 comment Print

ITAT Delhi condoned delay of 306 days in filing of an appeal based on the reasonable cause that firstly assessee was in prison and when released it was lock-down.

Deemed rent not applicable on unsold flats treated as stock-in-trade by builder

March 16, 2023 3546 Views 0 comment Print

Appellant builder treated Property as stock-in-trade & profits on its sale would be offered as business income and no rental income was received by Appellant from Property.

Transportation of goods without a valid e-way bill mandatorily attracts penalty

March 15, 2023 2037 Views 0 comment Print

Calcutta High Court held that penalty under section 129 of the West Bengal Goods and Services Tax Act, 2017 duly imposed for transportation of goods without a valid e-way bill.

Rejection of input service credit distributed by ISD on pretext that invoice doesn’t contain all particulars unjustified

March 15, 2023 1395 Views 0 comment Print

CESTAT Chennai held that input service credit when distributed by the Input Services Distributor (ISD), cannot be held as inadmissible on the pretext that such invoices did not contain all the particulars as required in terms of Rule 4A of CCR 2004.

Subsequent revisional order tends to be invalid as original re-assessment order passed invalidly

March 15, 2023 993 Views 0 comment Print

Orissa High Court held that when original re-assessment order was not passed validly, subsequent revisional order passed by PCIT is held to be invalid.

U.P. Trade Tax: Penalty proceedings initiated u/s 8(D)(6) untenable once tax liability was created on contractor

March 15, 2023 960 Views 0 comment Print

Allahabad High Court held that penalty proceedings initiated against a Government Institution for non-deduction of tax under section 8(D) of U.P. Trade Tax Act from amount payable to works contractor unsustainable as once the said contractor was assessed to tax creating tax liability on payment received from the Government Institution.

In absence of any remedy, as GST tribunal not constituted, matter of GST registration cancellation remanded for fresh decision

March 15, 2023 1641 Views 0 comment Print

Telangana High Court in the case of suo motu cancellation of GST registration due to non-filing of GST returns, remanded the matter for fresh decision as due to non-constitution of GST tribunal, petitioner is left without any remedy.

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