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Judiciary

Passing of ex-parte order before expiry of time limit for filing reply violative of principles of natural justice: Madras HC

October 21, 2024 1110 Views 0 comment Print

Madras High Court held that passing of ex-parte order prematurely before expiry of time limit for filing reply and without granting personal hearing is against the principle of natural justice and accordingly the order is set aside.

Imposition of penalty u/s. 129 of CGST Act for minor discrepancies unwarranted: Kerala HC

October 21, 2024 2295 Views 0 comment Print

Kerala High Court held that imposition of tax/penalty under section 129 of the CGST / SGST Act in case of only minor discrepancies unjustified. Penalty can be imposed only for violations which may lead to evasion of tax.

If workmen engaged through multiple contractors, contract labour would be employees of principal employer for purpose of gratuity

October 21, 2024 2115 Views 0 comment Print

Some workmen had continued with IIT-Bombay through multiple contractors, therefore, for the limited purpose of payment of gratuity, Respondents were required to be treated as employee of IIT-Bombay.

Proportionate computation of capital gains related to stock-in-trade sold during relevant year on conversion of capital asset into stock-in-trade

October 21, 2024 843 Views 0 comment Print

During the course of assessment proceedings, AO noticed that on verification of the return of income for the A.Y 2015-16, it was seen that the opening stock was shown at Rs.17,98,60,568/-, whereas the closing stock as per the return filed for the A.Y 2014-15 was nil.

Issuance of summons u/s. 70 not deemed to be initiation of proceedings u/s. 6(2)(b) of the CGST Act

October 21, 2024 2367 Views 0 comment Print

This was followed by summons issued u/s. 70 of the CGST Act leading to the recording of certain statements. Certain records were also produced before the Central Authority.

Denial of ITC on sole ground that GST ITC 02 was filed manually not justified: Bombay HC

October 21, 2024 1203 Views 0 comment Print

Bombay High Court held that department cannot deny the benefits of accrued Input Tax Credit (ITC) on the sole ground that GST ITC 02 was filed manually and not electronically. Thus, relevant show cause notice quashed.

Penal liability u/s. 67 reduced for non-carrying requisite declaration in Form 8FA: Kerala HC

October 21, 2024 627 Views 0 comment Print

The petitioner partnership is a dealer in gold and diamond jewellery in Mumbai and registered as such under the Maharashtra Value Added Tax Act and the Central Sales Tax Act.

Additions made as undisclosed foreign income and asset under BMA should not be repeated under Income Tax Act

October 21, 2024 1518 Views 0 comment Print

The onus was on assessee to demonstrate the extent of such assets which could be explained as having been acquired through funds which had been disclosed to the Department.

Provisional release of goods if assessee demonstrated inclusion of transaction in GSTR-1 Return

October 21, 2024 765 Views 0 comment Print

Where assessee was able to demonstrate that the transaction was included in the GSTR-1 Return as a zero-rated sale, the goods detained under Section 129(3) should be released provisionally.

Bank’s Claim for non- rural bad debt write off u/s 36(1)(vii) was allowable without adjusted against provisions for bad and doubtful debts.

October 21, 2024 1263 Views 0 comment Print

Section 36(1)(vii) of ITA applied separately to non-rural debts, while Section 36(1)(viia) of the tax statute only applied to rural debts, making it clear that banks were entitled to claim both deductions, provided they pertained to different types of advances.

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