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Recovery of encashment of bank guarantee cannot be made effective until expiry of appeal period: Delhi HC

January 17, 2025 609 Views 0 comment Print

The matter arises out of three “Advance Authorisation Licenses” which allow to import “Walnut Inshell of Chandler Variety” at nil rate of duty with the condition that the Petitioner would fulfil the export obligations.

Enhancement in rectification without providing opportunity: Orissa HC quashed VAT order

January 17, 2025 309 Views 0 comment Print

Petitioner alleged that appeal order no. 3623 dated 21.10.2023 mentioned in intimation dated 30.11.2024 was never communicated to petitioner as mandate of Rule 121 in Odisha VAT.

GST not leviable unless there is any supply of goods or services: Kerala HC

January 17, 2025 942 Views 0 comment Print

These writ petitions are filed by distributors of LPG appointed by the 1st respondent herein challenging orders imposing penalty, appellate orders, as also the Marketing Discipline Guidelines, 2018 under which the penalty is imposed.

GST on Concession Fees for Duty-Free Shops: Gujarat HC Verdict

January 17, 2025 813 Views 0 comment Print

Gujarat High Court rules GST is applicable on concession fees for duty-free shops, allowing input tax credit refunds due to zero-rated supply classification.

Right of personal hearing is fundamental right, which petitioner cannot be deprived off: HP HC

January 17, 2025 585 Views 0 comment Print

Assessment proceedings against the petitioner were started and completed on 23.01.2018 and on the same day penalty proceedings were initiated. Appeal against the assessment order got dismissed on 14.11.2022.

Time for furnishing return u/s. 39 of GST Act for September to be treated as 30th November

January 17, 2025 600 Views 0 comment Print

Kerala High Court held that the time limit for furnishing the return for the month of September is to be treated as 30th November in each financial year with effect from 01.07.2017. Thus, claim for Input Tax Credit to be processed accordingly.

Cash Deposit from Fruit & Vegetable Sale Commission Not Income: ITAT Kolkata

January 17, 2025 2073 Views 0 comment Print

Sujit Biswas Vs ITO (ITAT Kolkata) The assessee is a proprietor of Baba Lokenath Sahal Sabji Bhandar and total turnover disclosed by the assessee during the instant financial year were ₹32,00,500/- against the purchases of ₹15,52,770/-. Assessee filed his return at total income at ₹2,92,240/-. The assessee engaged in the business of purchase and sale […]

Assessment order passed beyond period prescribed u/s. 153 is barred by limitation

January 17, 2025 1974 Views 0 comment Print

Bombay High Court held that assessment order passed after expiry of period of limitation as prescribed under section 153 of the Income Tax Act read with first proviso below explanation 1 is barred by limitation. Accordingly, petition succeeds.

Section 68 Addition without granting cross-examination opportunity untenable: ITAT Nagpur

January 17, 2025 693 Views 0 comment Print

ITAT Nagpur held that addition under section 68 of the Income Tax Act without providing an opportunity to assessee to cross-examine the person whose statement was relied upon is untenable in law and hence liable to be deleted.

Reassessment u/s. 148 based on palpably incorrect information not sustainable: Delhi HC

January 17, 2025 1965 Views 0 comment Print

Delhi High Court held that initiation of reassessment under section 148 of the Income Tax Act unsustainable as based on information which is contested as palpably incorrect without examining the material giving rise to the said information.

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