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Judiciary

Delay of 611 days condoned as assessee being layperson has limited familiarity with e-portal system

December 10, 2024 708 Views 0 comment Print

ITAT Ahmedabad condoned the delay of 611 days in filing of an appeal considering the fact that the assessee is a layperson with limited familiarity with the intricacies of the e-portal system.

NCLAT Delhi condoned delay of five days in filing of an appeal as sufficient cause shown

December 10, 2024 1035 Views 0 comment Print

NCLAT Delhi condoned delay of five days in filing of an appeal as sufficient explanation given by the appellant for the condonation. Accordingly, delay condoned in terms of section 61(2) of the Insolvency and Bankruptcy Code, 2016.

Disallowance not sustained as evidence duly established claim of expenditure: Delhi HC

December 10, 2024 1119 Views 0 comment Print

Delhi High Court held that the disallowance of expenditure is not sustainable as the evidence and material produced by the assessee establish that it had incurred the expenditure as claimed. Thus, findings of ITAT cannot be perverse.

Benefit of DTAA available to services which doesn’t include element of make available technology

December 10, 2024 1110 Views 0 comment Print

Delhi High Court held that provision of service by associated enterprise doesn’t include the element of ‘make available’ of technology to the assessee. Thus, benefit of Article 12 of India-USA DTAA available to such payment and hence TDS not deductible on the same.

No confiscation u/s. 111 without misdeclaration of value: CESTAT Delhi

December 10, 2024 858 Views 0 comment Print

CESTAT Delhi held that declared price is price for delivery at the time and place of importation unless contrary proved by department. Since onus not discharged, the declared price remains unimpeached.

Bombay HC Allows SVLDR Scheme Benefit Despite Excess Tax Declared

December 10, 2024 783 Views 0 comment Print

Kuber Health Food And Allied Vs Union of India (Bombay High Court) High Court Allows SVLDR Scheme Benefit Despite Higher Tax Quantification Declared Out of Abundant Caution- Admitted Tax Liability Before Cut-Off Date Upholds Eligibility for Settlement Scheme, Emphasizing the Objective of Reducing Litigation Summary of Judgment This petition raises the issue of eligibility under […]

Madras HC denies GST ITC on gold coins and T-shirts used in sales promotions

December 10, 2024 3906 Views 0 comment Print

Madras HC denies GST ITC on gold coins and T-shirts used in sales promotions, citing Section 17(5)(h). Stock discrepancy claims also upheld for ARS Steels case.

Disallowance of short term capital loss unjustified as no evidence disproves genuineness of transaction

December 9, 2024 1263 Views 0 comment Print

ITAT Mumbai held that disallowance of short term capital loss not justified since there is no evidence on record based on which genuineness of transactions can be doubted. Hence, held that conclusion drawn by AO is wholly irrational and unsustainable.

Madras High Court Affirms Scope of Rule 86A in Negative ITC Blocking

December 9, 2024 3048 Views 0 comment Print

Madras High Court ruled that Rule 86A of CGST Rules allows negative ITC blocking, irrespective of credit availability in ECL, to curb fraudulent input tax credit.

GST: Non-production of relied upon documents Violates Natural Justice principles

December 9, 2024 3513 Views 0 comment Print

Allahabad High Court held that non-production of documents which were relied upon by the department amounts to violation of principles of natural justice. Accordingly, impugned order liable to be quashed.

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