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Judiciary

Classification & rate of GST applicable on supply of PVC floor mats [Cars]

March 9, 2023 2025 Views 0 comment Print

AAR hold that impugned goods i.e. PVC floor mats for use in cars supplied by applicant is classifiable under CTH 8708 & applicable rate of GST would be 28% [14% each of CGST and SGST].

Interest U/s. 73 & 74 attracted only on wrong availment & utilisation of such ITC

March 9, 2023 4290 Views 0 comment Print

Under Sections 73(1) and 74(1) of CGST Act, proceedings can be initiated for mere wrong availing of Input Tax Credit followed by imposition of interest penalty if such credit was not only availed but also utilised for discharging tax liability.

No deduction u/s 10AA if assessee failed to file Tax Audit Report: ITAT

March 8, 2023 3834 Views 0 comment Print

Since assessee did not file the Audit Report in Form No.56F as required under the law, AO had rightly disallowed deduction claimed u/s.10AA.

No books of accounts to be maintained If Income was offered on Presumptive Basis u/s 44AD

March 8, 2023 6468 Views 0 comment Print

Where income was offered on presumptive basis under section 44AD, there was no need to maintain books of accounts therefore addition made against the vegetable vendor was deleted for failure to substantiate the unexplained cash deposit.

Both assessee & AO should be given opportunity of being heard

March 8, 2023 1491 Views 0 comment Print

ITAT Varanasi held that principles of natural justice demand that both the parties, i.e. assessee as well as AO, shall be given opportunity of being heard, before being condemned and any prejudice is caused. Impugned order not satisfying the same is liable to be set aside.

Denial of Section 80IA deduction for mere bona fide mistake or error unjustified

March 8, 2023 864 Views 0 comment Print

ITAT Kolkata held that denial of deduction under section 80IA of the Income Tax Act on the basis of vague and ambiguous reasons is unjustified. It is settled law that when assessee is entitled for deduction the same should not be disallowed merely because of any bona fide mistake or error.

Section 68 not empower AO to make addition of sundry debtors/ advance to growers

March 8, 2023 3240 Views 0 comment Print

ITAT Amritsar held that section 68 of the Income Tax Act is not empowered to allow addition of sundry debtors/ advance to growers. Accordingly, addition of the same deleted.

Detention of goods u/s. 129 of CGST Act sustainable on account of expiry of e-way bill

March 8, 2023 4248 Views 0 comment Print

Calcutta High Court held that due to expiry of e-way bill, authorities are empowered to detain the goods and impose tax and penalties thereon as per provisions of section 129 of the Central Goods and Services Tax Act, 2017.

GST registration cancellation notice Proceedings based on unprescribed format is void

March 8, 2023 1656 Views 0 comment Print

Allahabad High Court held that GST registration cancellation notice is not in the prescribed format and didnt mention the date and time on which personal hearing is granted. Proceedings based on such notice is illegal, void and a nullity in eyes of law.

ITAT Restricted section 54 exemption as investment in house property was done jointly

March 8, 2023 12162 Views 1 comment Print

ITAT Delhi held that when the investment in house property is done jointly, claim under section 54 of the Income Tax Act is restricted to the 50%.

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