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Judiciary

Pay Interest @6% for Non-Payment as per Court Order: Telangana HC

April 21, 2025 555 Views 0 comment Print

Telangana High Court directed payment of interest @ 6% for non-payment of principal amount as directed by the Court for price adjustment towards Labour and other material. Notably, interest is payable from date of expiry of time granted by Court till the date of payment.

GST not includible in Gross Receipts for Income Computation U/S 44BB: ITAT Mumbai

April 21, 2025 1776 Views 0 comment Print

ITAT Mumbai held that GST would not form part of gross receipts for the purposes of computing presumptive income under Section 44BB of the Income Tax Act. Accordingly, appeal of the assessee allowed.

Customs Officer not empowered to re-determine FOB Value of goods: CESTAT Delhi

April 21, 2025 1320 Views 0 comment Print

CESTAT Delhi held that no stranger to the contract of sale including the Customs officer has any right to re-determine the FOB value. The Customs Act and Rules cannot be applied to re-determine the FOB value. Accordingly, appeal allowed and order set aside.

Dissenting Creditor to be given priority while disbursing payments from Successful Resolution Applicant

April 21, 2025 981 Views 0 comment Print

NCLAT Chennai held that payments from Successful Resolution Applicant will be done on pro-rata basis amongst the creditors but the Dissenting Creditor has to be pad first before other Financial Creditors. Accordingly, appeal stands allowed.

Section 115JB of Income Tax Not Applicable to Banking Companies: ITAT Bangalore

April 21, 2025 1260 Views 0 comment Print

ITAT Bangalore held that provisions of section 115JB of the Income Tax Act cannot be applied to assessee bank and consequently the tax on book profits (MAT) are not applicable to assessee bank. Accordingly, appeal of the assessee bank allowed.

Jewelry Worn or Concealed by Person Arriving in India Covered under Baggage Rules, Not Customs Act

April 21, 2025 4710 Views 0 comment Print

CESTAT Chennai held that jewelry worn or concealed on person arriving in India from abroad is covered under Baggage Rules, 2016 hence there cannot be presumption that it is covered under the Customs Act, 1962.

Interest u/s. 50 of CGST Act applies on delayed payment of IGST in course of import

April 21, 2025 1377 Views 0 comment Print

CESTAT Delhi held that interest as per section 50 of the Central Goods and Services Tax Act, 2017 [CGST Act] is applicable on delayed payment of IGST in the course of imports. Accordingly, interest confirmed u/s. 28AB of Customs Act not justified.

AO Lacks Authority to Deny Section 11 Exemption After Granting Section 12AA Registration

April 21, 2025 1767 Views 0 comment Print

ITAT Mumbai: Valid 12AA registration bars AO from denying Sec 11 exemption by re-examining charitable objectives. Key ruling explained.

Allahabad HC Reiterates Mandatory Personal Hearing in GST Law, Imposes Cost on Tax Officer

April 21, 2025 1674 Views 0 comment Print

Allahabad High Court quashes GST demand against Merino Industries, imposing ₹20,000 cost on official for denying hearing, highlighting increasing burden on courts due to such violations.

Contractor liable to pay GST at rates prevailing on last date for receipt of tender

April 21, 2025 1194 Views 0 comment Print

Jammu Kashmir High Court held that contractor is liable to pay GST at rates prevailing on last date for receipt of tender. Recommendations of the GST Council, as already held, are only recommendations and cannot be taken as notifying new rates of GST.

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