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Judiciary

Contractors Entitled to Reimbursement for GST Impact on Indirect Transactions

May 9, 2024 717 Views 0 comment Print

Gopikrishna Infrastructure Pvt Ltd Vs State of Jharkhand (Jharkhand High Court) Contractors are entitled to reimbursement of the GST impact also on indirect transactions on which GST was imposed.

Madras HC Orders Fresh Proceedings: GST Demand Differs from SCN

May 9, 2024 579 Views 0 comment Print

HC emphasized that if respondent intended to modify tax proposal, a fresh show cause notice should have been issued instead of deviating from original basis without proper notice.

KGST: HC Not Appellate Authority to examine merit of assessment/refund order

May 9, 2024 210 Views 0 comment Print

Analysis of N.R. Patel & Co. Vs Assistant Commissioner case by Kerala High Court. Court rules on assessment/refund order merit under KGST Act. Full judgment.

SC Upholds Time Limit under Section 38(3) for Refunds under Delhi VAT

May 9, 2024 543 Views 0 comment Print

Explore how the Supreme Court’s ruling reinforces strict adherence to refund timelines under the Delhi Value Added Tax Act in the case of Commissioner vs FEMC Pratibha JV.

Reassessment Order under OVAT Act Must Not Rely Solely on Tax Evasion Reports

May 9, 2024 264 Views 0 comment Print

Orissa High Court quashes reassessment order, ruling it cannot be based merely on tax evasion or audit reports, stressing the need for independent assessment.

No Penalty for Expenses Disallowed Ad Hoc or Due to some Missing Vouchers

May 9, 2024 450 Views 0 comment Print

ITAT observed that the disallowance of expenses by the AO was on an estimate and ad hoc basis due to the absence of supporting evidence, rather than evidence of concealment of income. Referring to legal precedents, the ITAT emphasized that disallowance based on the magnitude of expenses or missing vouchers is insufficient to justify a penalty, especially without evidence of mala fide intent.

No section 270A penalty for addition on account of estimation of fair market value by Valuation Officer

May 9, 2024 1353 Views 0 comment Print

ITAT Mumbai rules penalty under Section 270A deleted as I-T authority failed to consider reasons for difference in sale consideration and stamp duty valuation.

Delhi HC quashes Refund rejection SCN and order issued by incompetent authority

May 9, 2024 447 Views 0 comment Print

Delhi High Court directs reconsideration of refund application in Rahul Packaging Vs Union of India case. Find out how an incompetent authority issuing a Show Cause Notice impacted the judgment.

Completed assessments cannot be reopened without new material or grounds

May 9, 2024 969 Views 0 comment Print

Delhi High Court quashes proceedings under Section 148 of the Income Tax Act initiated for reassessment in Akshita Jindal Vs ITO case. Detailed analysis and judgment.

Delhi HC Orders Re-Adjudication under CGST Act Section 73, Citing Violation of Natural Justice

May 9, 2024 669 Views 0 comment Print

Delhi High Court directs re-adjudication of a CGST Act order due to lack of natural justice principles. Full text of the judgment provided.

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