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Judiciary

Section 263 Revision Untenable Without Proving Assessment Order’s Error & Revenue Prejudice

September 21, 2024 1734 Views 0 comment Print

The ITAT Kolkata quashed Section 263 proceedings against Nalanda Engicon, ruling that the prior approval under Section 153D was sufficient to invalidate the revision.

No Violation in Payments to Persons u/s 13(3) if Trust Predates Act & Follows Trust Deed

September 21, 2024 621 Views 0 comment Print

Madras High Court rules on CIT Vs Indian Institute of Engineering, affirming tax exemption under Section 11 for payments made as per trust deed.

HC Directs Government to Complete GSTAT Member Selection in Four Months

September 21, 2024 1482 Views 0 comment Print

Kerala High Court directs the government to appoint GST Appellate Tribunal members within four months, but denies amendments to Section 169 of the CGST Act.

GST Applicable on Increased Rents for Past Periods: AAR Tamil Nadu

September 21, 2024 804 Views 0 comment Print

AAR Tamil Nadu rules that GST applies to increased rents from past periods, treating them as ‘supply’ under the CGST Act, effective from July 1, 2017.

Madras HC Restores GST Registration Canceled for Non-Payment Due to Financial Crisis

September 21, 2024 1356 Views 0 comment Print

Madras High Court held that cancellation of GST registration due to non-payment of GST due to the financial crisis faced by the petitioner restored as the same will motivate the petitioner to do his business and pay pending tax.

Section 271E penalty Initiation without recording reasons unsustainable: Madras HC

September 21, 2024 684 Views 0 comment Print

Madras High Court held that the Assessment Officer has not recorded the reasons for arriving at a subjective satisfaction to initiate penalty proceedings under Section 271E of the Act, which is mandatory. Thus, order set aside.

Second time attachment of bank A/c without providing fresh reasons is illegal: Allahabad HC

September 21, 2024 519 Views 0 comment Print

Allahabad High Court held that second attachment of bank account under section 83 of the Central Goods and Services Tax Act without providing fresh reasons is illegal, arbitrary and non est in law. Accordingly, provisional attachment order quashed.

GST Registration Cancellation Without intelligible Reason Unwarranted: Delhi HC

September 21, 2024 459 Views 0 comment Print

Delhi High Court held that cancellation of GST registration with retrospective effect without providing any intelligible reason for cancellation is unsustainable. Accordingly, impugned cancellation order is void.

Freezing entire account without quantifying amount & period unjustified: Madras HC

September 21, 2024 2520 Views 0 comment Print

Madras High Court held that under the guise of investigation, order freezing the entire account without quantifying the amount and period cannot be passed. Such order will be construed as violation of the fundamental rights of trade and business.

Enquiry Report Against Assessee Quashed due to Procedural Lapses Under Regulation 17(5) of CBLR, 2018

September 21, 2024 858 Views 0 comment Print

Assessee-customs broker firm had challenged the suspension of its license by the Principal Commissioner of Customs, Chennai, and subsequent proceedings initiated for the revocation of its license.

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