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Judiciary

Interest calculated solely on Trade Receivables for ALP Determination was unreasonable

September 24, 2024 858 Views 0 comment Print

When assessee had both trade receivables and trade payables, it would be unreasonable to calculate interest only on trade receivables for the purpose of determining the ALP of the transaction. AO/ TPO was directed to consider both trade payables and trade receivables for the purpose of notional interest to be charged for determining the ALP value of the transaction.

Delhi HC Sets Aside GST Demand Order having Erroneous tax calculations

September 24, 2024 648 Views 0 comment Print

Delhi HC overturns GST demand order due to erroneous tax calculation, remanding the case for reconsideration after hearing the petitioner.

Interest on Surplus Bank FDs Exempt Under Section 10AA: Karnataka HC

September 24, 2024 1944 Views 0 comment Print

Karnataka HC rules that interest income from surplus funds in bank FDs is eligible for exemption under Section 10AA for SEZ exporters, following precedent in Hewlett Packard case.

No Section 153A Assessment Without Incriminating Evidence: Karnataka HC

September 24, 2024 624 Views 0 comment Print

Karnataka HC rules reassessment under Section 153A impermissible without incriminating evidence, upholding deletion of assessed income.

Madras HC Allows Appeal Against GST Penalty; Penalty alone Can Be Challenged

September 23, 2024 915 Views 0 comment Print

Madras High Court directs GST authorities to accept appeal challenging penalty after rejecting the claim that penalty alone cannot be contested.

Madras High Court Sets Aside GST Order for Lack of Hearing

September 23, 2024 759 Views 0 comment Print

Madras High Court sets aside GST order due to lack of physical service of notice and remands the case, directing the petitioner to deposit 10% of the disputed tax.

GST Notification No. 56/2023-CT Ultra Vires & Unsustainable: Gauhati HC

September 23, 2024 9351 Views 0 comment Print

Gauhati High Court addresses challenges to GST notifications, questioning their legality under the CGST and SGST Acts in Barkataki Print case.

Demand Order Invalid if Legal Heirs Don’t Operate Deceased’s Business: Madras HC

September 23, 2024 3054 Views 0 comment Print

Madras High Court invalidates tax demand on deceased person if legal heirs are not operating the business. Legal heirs liable only if business continues.

Calcutta High Court Sets Aside GST Order Due to Improper Notice

September 23, 2024 906 Views 0 comment Print

Calcutta High Court quashes GST demand as show cause notice was sent to outdated email. Case remitted for fresh hearing with proper notice.

4% SAD leviable as benefit of exemption notifications not available on imported garment accessories: CESTAT Bangalore

September 23, 2024 468 Views 0 comment Print

CESTAT Bangalore held that benefit of notification no. 20/2006 dated 01.03.2006 and notification no. 21/2012-Cus. dated 17.03.2012 not available in case of import of garment accessories. Accordingly, 4% SAD leviable.

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