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Judiciary

Delhi HC Directs Transfer of GST Credit to Migrated Number

April 3, 2024 588 Views 0 comment Print

In BCC Developers & Promoters Pvt. Ltd. vs Principal Commissioner of Central Goods And Services Tax, the Delhi High Court orders the transfer of GST credit from a non-migrated GST number to a migrated GST number.

Section 263 cannot be invoked based on incorrect understanding / appreciation of facts

April 3, 2024 381 Views 0 comment Print

Analysis of Kishorkumar Bhalara Vs PCIT (ITAT Rajkot) case, where the ITAT ruled that incorrect assumption of facts alone is not sufficient to revoke jurisdiction under Section 263.

Advance from Customers Not Section 68 Income; Powers of CIT(A) Parallel to AO’s

April 3, 2024 675 Views 0 comment Print

In the case of ITO Vs Raj Maitry & Eskon Developer, ITAT Mumbai decides advance received from customers isn’t income under section 68. Detailed analysis of the ruling.

No Section 270A Penalty if No Misreporting or Underreporting by Assessee

April 3, 2024 1764 Views 0 comment Print

Detailed analysis of Mahendra N. Patel Vs DCIT case where ITAT Ahmedabad nullifies penalty due to absence of misreporting or underreporting by the assessee.

Transfer Pricing: Comparing New Assessees with Established Businesses is Inappropriate

April 3, 2024 387 Views 0 comment Print

Learn from PCIT Vs Radhashir Jewellery Co. Pvt Ltd. case why comparing new and established businesses in transfer pricing is inappropriate. Detailed analysis provided.

MoU & Ledger Extract Insufficient for admitting Financial Debt: NCLAT

April 3, 2024 597 Views 0 comment Print

In a case between D S Kulkarni & Associates and Manoj Kumar Aggarwal, NCLAT Delhi ruled that mere MoU & Ledger Extract are inadequate to claim financial debt, rejecting the appeal.

Ruling should be pronounced by same members of AAR who heard the case: AAAR

April 3, 2024 345 Views 0 comment Print

In re Umed Club (GST AAAR Rajasthan) Introduction: The Appellate Authority for Advance Ruling (AAAR) in Rajasthan emphasized the necessity for the same members of the Authority for Advance Ruling (AAR) to pronounce rulings. This was in response to Umed Club’s appeal regarding a ruling made on 27.09.2021. Umed Club argued that the ruling was […]

Remand Order: Board of Secondary Education Rajasthan Ruling Set Aside by AAAR

April 3, 2024 327 Views 0 comment Print

The AAR Rajasthan ruling is set aside, remanding the matter back to reconsider in light of the High Court judgment on educational services taxation.

GSTR-3B & GSTR-2A Disparities: HC Quashes Assessment, Citing natural Justice Violation

April 2, 2024 1626 Views 0 comment Print

Madras High Court  set aside assessment GST order in Sri Lakshmi Silvers Vs State Tax Officer, citing breaches of natural justice principles and non-adherence to prescribed procedures regarding GST returns.

Section 71 Inapplicable if Goods Unloaded Outside notified Area with Superintendent Permission: SC

April 2, 2024 402 Views 0 comment Print

Supreme Court held that provisions of section 71 of the Customs Act doesn’t apply when goods were not warehoused inside the notified public bonded warehouse but were unloaded outside the notified area but within factory premises and kept under a shed on permission granted by Superintended.

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