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Bombay HC Allows Writ Petition on VAT Amnesty Review

January 14, 2025 762 Views 0 comment Print

Bombay High Court sets aside VAT review order in Starlight System Pvt Ltd case, granting a hearing and remanding the matter to the appropriate officer.

ITAT Disallows Depreciation due to lack of Machinery Installation Proof

January 14, 2025 1065 Views 0 comment Print

Visakhapatnam ITAT ruled against depreciation claims for uninstalled machinery by ACIT vs Mithra Kyokuto, citing lack of operational evidence for A.Y. 2012-13.

Action u/s. 73 of CGST Act doesn’t restrain GST authorities from conducting audit

January 13, 2025 1125 Views 0 comment Print

Punjab and Haryana High Court held that action of the department already taken under section 73 of the Central Goods and Services Tax Act, 2017 doesn’t restrain GST authorities from conducting audit. Accordingly, writ dismissed.

Reassessment u/s. 148 quashed as conditions u/s. 150 not fulfilled: Delhi HC

January 13, 2025 6765 Views 0 comment Print

Delhi High Court held that initiation of reassessment proceedings under section 148 of the Income Tax Act liable to be quashed in as much as conditions set out in section 150 of the Income Tax Act not fulfilled.

Increased tax rate of 60% u/s. 115BBE applicable only from 01.04.2017: ITAT Ahmedabad

January 13, 2025 1836 Views 0 comment Print

ITAT Ahmedabad held that tax rate u/s. 115BBE of the Income Tax Act increased from 30% to 60% and the same is applicable only with effect from 1st April 2017 and not prior to the same. Hence, appeal allowed to that extent.

Resolution professional justified in not admitting belated contingent claim

January 13, 2025 1074 Views 0 comment Print

NCLAT Delhi held that belated filing of contingent claims (i.e. claims arising from damages and breach of contract) is rightly rejected by the resolution professional. Accordingly, appeal dismissed.

Matter remitted to AO (TDS) for re-verification of quantum of External Development Charges

January 13, 2025 1104 Views 0 comment Print

ITAT Delhi remanded the matter back to the file of AO (TDS) for proper verification of quantum of External Development Charges (EDC) for demand of tax under section 201(1) of the Income Tax Act.

Section 130 of GST doesn’t prohibit interim release of detained goods pending finalization of proceedings

January 13, 2025 822 Views 0 comment Print

Kerala High Court held that there is no provision in Section 130 of the Goods and Services Tax Act which prohibits the interim release of goods which are detained pending finalization of proceedings under Section 130.

Assessment proceedings cannot be continued by EPFO after initiation of moratorium u/s. 14(1) of IBC

January 13, 2025 1134 Views 0 comment Print

NCLAT Delhi held that after initiation of moratorium under section 14(1) of the Insolvency and Bankruptcy Code, 2016 [IBC], no assessment proceedings can be continued by EPFO. Accordingly, appeal dismissed.

Delay in Filing Appeal U/S 107 Allowed per Notification No. 53/2023-CGST

January 13, 2025 1239 Views 0 comment Print

There was no rationale in Notification No. 53 of 2023, Central Tax which was brought out on 02.11.2023 only permitted appeals to be filed from orders passed by the proper officer on or before 31.03.2023, s a cut off date as the notification itself was brought out on 02.11.2023 and in such circumstances any order passed in at least three months before that date; the time provided for filing an appeal, ought to have been considered for such beneficial treatment.

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