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Judiciary

Non-granting of benefit of stay due to non-constitution of GST Tribunal unjustified: Patna HC

October 8, 2024 495 Views 0 comment Print

Patna High Court held that petitioner cannot be deprived of the benefit due to non-constitution of the Tribunal accordingly, petitioner must be extended statutory benefit of stay u/s. 112(9) of Bihar Goods and Services Tax Act.

Matter remanded as higher addition u/s. 68 confirmed by ACIT as compared to addition alleged in notice

October 8, 2024 330 Views 0 comment Print

The assessee is in the wholesale distribution of sale of premium motorcycles manufactured by Ducati, Thailand to the dealers in India and in distribution of spare parts, accessories, clothing and merchandise imported from its Ducati group entities to the dealers in India.

Allegation of mis-declaration without challenging transaction value untenable: CESTAT Mumbai

October 7, 2024 579 Views 0 comment Print

CESTAT Mumbai held that allegation of mis-declaration and duty demand thereon not sustained as department doesn’t challenged transaction value. Further, importer duly mentioned value of all the imported goods in the invoice. Hence, duty demand not sustained.

Time limit for GST refund to be determined from date of original application and not follow-up application

October 7, 2024 1401 Views 0 comment Print

Jammu Kashmir High Court held that the time limit for refund of GST u/s. 54 of the Central Goods and Services Tax Act, 2017 will be determined from the date the original application came to be filed by the petitioner concern and not from the date of follow-up application.

No rectification u/s 292B if Income Tax Assessment Order issued in the Name of a Non-Existent Entity

October 7, 2024 936 Views 0 comment Print

The respondents, on the other hand, would urge us to hold that a failure to place the amalgamated entity on notice was curable and one which would fall within the ambit of Section 292B of the Income Tax Act, 1961.

Order passed is violative of natural justice since notice was issued to incorrect address: Gauhati HC

October 7, 2024 849 Views 0 comment Print

Gauhati High Court set aside the order as passed without affording due opportunity and against the principles of natural justice since the notice under CGST Act, 2017 was issued to incorrect address.

Work of powder coating amounts to works contract hence VAT leviable: Madras HC

October 7, 2024 681 Views 0 comment Print

Madras High Court held that Powder Coating products like yokes, links and tubes amounts to works contract and hence the same is liable to tax under section 15(1) of the Puducherry Value Added Tax Act, 2007.

Revision u/s 263 could be invoked if Order was erroneous and prejudicial to interest of Revenue

October 7, 2024 939 Views 0 comment Print

Assessee explained that borrowed funds were used for investments in partnership firms, generating interest income exceeding expenses. AO accepted the claim and approved the returned income as assessed income.

Gujarat HC quashes GST demand Order on supply of Cotton Seed Oil Cakes

October 7, 2024 1464 Views 0 comment Print

Where assessee had made supply of the cotton seed oil cake as cattle feed, assessee was entitled to exemption under Serial No.102 of Exemption Notification No.2 of 2017 no matter if the product was supplied to traders or directly to consumers.

Interest on non-renewal of ₹2.22 Cr FDs should be recovered from Officers’ Salary: Bombay HC

October 7, 2024 1758 Views 0 comment Print

Commissioner of GST and Central Excise (CX) was directed to recover interest from the salaries or retirement benefits of officers responsible for the non-renewal of fixed deposits (FDs) arising from seized cash during an investigation.

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