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Judiciary

Cash deposit outside relevant assessment year cannot be considered for assessment

February 22, 2024 486 Views 0 comment Print

Discover the ITAT Hyderabad’s ruling on assessing cash deposits outside the relevant assessment year in the case of Rakesh Reddy Keshanna Vs ITO.

Kerala HC Orders Fresh Decision: PrCIT’s Oversight of Written Submissions

February 22, 2024 267 Views 0 comment Print

Kerala High Court directs a fresh decision by Principal Chief Commissioner of Income Tax as prior order overlooked petitioner’s written submissions. Full judgment details here.

Government incentive/Subsidy towards Investment Promotion is capital receipt

February 22, 2024 1215 Views 0 comment Print

ITAT Chennai’s ruling on government subsidies as capital receipts in DCIT Vs Saint-Gobain India Pvt. Ltd., impacting investment promotion.

Change of Opinion Does Not Justify Assumption of Escaped Taxable Income

February 22, 2024 558 Views 0 comment Print

Uncover the Bombay High Court’s stance on reassessment based on change of opinion in the Mira Bhavin Mehta Vs ITO case. Key insights and legal implications.

ITC cannot be Rejected Solely on Supplier’s retrospective GST Registration Cancellation

February 22, 2024 9612 Views 0 comment Print

Explore a case where Input Tax Credit (ITC) was reversed due to supplier’s GST registration cancellation. Learn about implications and legal insights.

Section 149 of Customs Act allows amendment in Bill of Entry without a strict time limit

February 22, 2024 3801 Views 0 comment Print

The court noted that the Customs Authority’s refusal was based on an incorrect interpretation of the law and failed to recognize the Supreme Court’s directive that allows for the amendment of documents under Section 149 of the Customs Act without a strict time limit.

No Interest on incorrectly availed ITC if assessee has sufficient credit in their account

February 22, 2024 2232 Views 0 comment Print

Madras High Court orders refund without interest charge when no revenue loss occurs, setting a precedent for GST and tax refund cases.

Kerala HC Orders IT Dept to Review Stay Petition on Sec 271A Penalty Proceedings

February 22, 2024 642 Views 0 comment Print

Kerala High Court directs Income Tax Department to consider stay petition in penalty proceedings initiated under Section 271A against Wexco Homes Pvt Ltd.

Statutory Appeal Option Against Assessment Orders Under Sec 107 CGST Act, HC Dismisses Writ

February 22, 2024 495 Views 0 comment Print

Kerala High Court dismisses writ petition against CGST assessment orders, stating statutory appeal under Section 107 of CGST Act is the appropriate remedy.

HC cannot grant any interim relief if it is not entertaining the writ petition

February 22, 2024 357 Views 0 comment Print

Regarding the provisional release of goods, the court declined to grant any interim relief since the writ petition itself was not entertained. However, recognizing the perishable nature of the goods and the potential financial impact on the petitioner, the court directed the Appellate Authority to expedite the consideration of the petitioner’s Interim Application for the provisional release of goods.

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