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Judiciary

Calcutta HC stays Recovery without Pre-Deposit Amid GSTAT Non-Constitution

January 11, 2024 1422 Views 0 comment Print

Calcutta High Court’s stay on recovery proceedings without pre-deposit due to the non-constitution of GST Tribunal in Jaskaran Lunawat Vs State of West Bengal & Ors.

DVAT: Coconut Oil sold as Hair Oil cannot be classified as Edible Oil

January 11, 2024 1020 Views 0 comment Print

Since the coconut oil was sold by assessee in small packs; was displayed in the category of hair care; the manner in which it was to applied on hair; and the purpose for which it was purchased by the consumer leave no manner of doubt that the coconut oil sold by assessee was classifiable in a residual entry attracting tax at the rate of 12.5% .

Reopening inspired from change of opinion is liable to be quashed

January 11, 2024 687 Views 0 comment Print

Madras High Court held that reopening of assessment invoking provisions of section 148 of the Income Tax Act inspired from a review and a change of opinion is liable to be quashed and set aside.

Mere absence of GSTIN should not warrant GST exemption denial: Karnataka HC

January 11, 2024 2187 Views 0 comment Print

Read the Karnataka High Court judgment on Hatsoff Helicopter Training’s tax dispute. Exemption granted for non-furnishing GSTIN. Get insights on the case.

SC Directs 6% Interest on JVAT Act Refund: Jharkhand vs Kirloskar

January 11, 2024 540 Views 0 comment Print

Supreme Court orders 6% interest on JVAT Act refund in State of Jharkhand vs Kirloskar Brothers case. Full text of the judgment and implications discussed.

Regulation 10(n) not mandate Customs Broker to physically verify address correctness

January 11, 2024 702 Views 0 comment Print

CESTAT Kolkata rules on Customs Broker’s compliance with CBLR. Sinha Shipping Agency wins against Customs Commissioner. Full text analysis of the order provided.

Section 115BE Addition: Madras HC Sets Aside Non-Speaking NFAC Order

January 11, 2024 1038 Views 0 comment Print

Madras High Court quashes non-speaking order of NFAC in appeal against Section 115BE addition. Full text analysis of judgment and implications.

Burden to demonstrate dispatch of order by speed post with acknowledgment lies with revenue

January 11, 2024 792 Views 0 comment Print

CESTAT Allahabad remands matter on customs action due to department’s failure to dispatch order to assessee, challenging the bar of limitation under Section 128.

ITAT Kolkata deletes addition of Rs. 3 Crore of share capital & share premium

January 10, 2024 2862 Views 0 comment Print

In-depth analysis of ITAT Kolkata order on Income Tax Department’s misuse of Section 68 powers. Dismissal of appeal for unexplained cash credit of Rs.3 Cr.

Denial of 80IA Benefit in 4th Year Unjustified: Delhi HC

January 10, 2024 537 Views 0 comment Print

Delhi High Court ruling on Income Tax: Department’s U-turn on 80IA deduction in the 4th year deemed unjustified. Case analysis of PCIT vs. BT Global Communications India Pvt. Ltd.

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