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Judiciary

HC Quashes Order as SCN was delivered at old address despite intimation of new address

April 11, 2024 378 Views 0 comment Print

Mahaveer NX challenges a customs order citing address discrepancy & lack of hearing. Madras HC sets it aside, directing issuance of SCN for correction.

Inadequate Hearing Violates Section 75(4) of CGST Act 2017: Order Unsustainable

April 11, 2024 324 Views 0 comment Print

Analysis of M. Kandasamy Vs Deputy State Tax Officer-2 case reveals how inadequate hearing led to unsustainability of order under CGST Act 2017.

Proper Officer Can Open GST Portal for Filing Returns Upon Full Compliance

April 11, 2024 393 Views 0 comment Print

Explore the case of Akshya Kumar Sahu v. Commissioner, CGST & Central Excise, where the Orrisa High Court directs the opening of the GST portal for filing returns. Learn about the conditions and implications.

Vessel Construction Contract Cancellation: Capital Receipt, Exempt from Section 28(iv)

April 11, 2024 243 Views 0 comment Print

Dive into the analysis of the Great Eastern Shipping Co. Ltd. Vs ACIT case regarding the taxation of foreign exchange gain written back on cancellation of vessel construction contracts under Section 28(iv) of the Act.

GST: HC directs to pass fresh speaking order with opportunity of personal hearing

April 11, 2024 1122 Views 0 comment Print

Court observed that the petitioner had provided a detailed reply addressing each head of the Show Cause Notice. However, the impugned order merely stated that the reply was not satisfactory without providing any substantive reasoning or analysis. The Court held that this lack of consideration rendered the order unsustainable.

Freight & Insurance Excluded from Assessable Value for Excise Duty: Cestat Ahmedabad

April 11, 2024 276 Views 0 comment Print

CESTAT Ahmedabad ruled that freight/insurance charges aren’t part of assessable value for excise duty. Detailed analysis & conclusions provided.

Section 14A: AO Must records Discontent with Assessee’s Expenditure Claim with Cogent Reasons

April 11, 2024 501 Views 0 comment Print

Bombay High Court ruling: Assessing Officer (AO) must record dissatisfaction with Assessee’s claim regarding expenditure. Detailed analysis of PCIT-2 Vs Tata Capital Ltd case.

AO Must Adhere to TPO’s ALP in International Transactions: Delhi HC

April 11, 2024 543 Views 0 comment Print

Delhi High Court rules AO can’t deviate from Transfer Pricing Officer’s determined Arm’s Length Price (ALP) in international transactions, upholding assessee’s writ petition.

Order invalid if SCN not discloses date, time or venue of personal hearing

April 11, 2024 741 Views 0 comment Print

In S.S. Suppliers vs. State of U.P., Allahabad HC rules show cause notice sans personal hearing details violates Sec 75(4), leading to order annulment. Learn more.

Recording of Reasons Mandatory for Retrospective GST Registration Cancellation

April 11, 2024 300 Views 0 comment Print

Delhi High Court modifies retrospectively canceled GST registration in Anil Soni Prop vs Superintendent case. Analysis of court judgment and implications of retrospective cancellation.

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