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Judiciary

GST registration cancellation should be retrospective only from the date no business is conducted

January 6, 2024 6642 Views 0 comment Print

Delhi High Court rules in Varyam Dass Khurana case that GST registration cancellation should be retrospective only from the date no business is conducted. Analysis of the judgment.

Madras HC directs Revenue Authority to Expedite GST Rectification Application

January 6, 2024 831 Views 0 comment Print

In case of M. Venkataraj vs Assistant Commissioner, Madras High Court instructs Revenue Department to promptly process GST rectification application within three months.

HC directs conditional Release of confiscated Areca Nut

January 6, 2024 615 Views 0 comment Print

Department was directed to release the confiscated Areca Nut on condition specified as it were confiscated due to non-submission of E waybill. The bench modified the conditions imposed by the Single Judge.

Valuation of iron ore set aside due to inordinate delay in testing samples

January 6, 2024 666 Views 0 comment Print

CESTAT Kolkata in the matter of valuation of iron ore held that inordinate delay in testing the sample is virtually suicidal to the outcome of the test results. Hence, valuation set aside.

Receipt in terms of Strategic Oversight Services Agreement cannot be termed as royalty

January 6, 2024 531 Views 0 comment Print

Delhi High Court held that the consideration received in terms of Strategic Oversight Services Agreements (SOSA) cannot be termed as Royalty under Article 12 of the DTAA even if extensive services are rendered which includes access to written knowledge, processes, and commercial information in furtherance of the services.

Appellate authority cannot enhance assessment without issuing a notice

January 6, 2024 534 Views 0 comment Print

ITAT Ahmedabad held that an appellate authority can exercise the power u/s. 251(1)(a) to enhance the assessment only after giving a notice for enhancement. Accordingly, enhancement by CIT(A) without issuance of notice is untenable in law.

Clean Energy Cess on coal closing stock as of June 30, 2017, not leviable post-GST

January 6, 2024 1755 Views 0 comment Print

Explore the CESTAT Delhi ruling on the levy of Clean Energy Cess on coal closing stock as of June 30, 2017, its implications, and the decisive factors involved.

ED’s Inaction on Seized Assets Violates Income Tax Act Section 132B & FEMA Section 37(3)

January 6, 2024 729 Views 0 comment Print

Directorate of Enforcement cannot sit over the seized assets, and the failure to release them is a violation of Section 132B of the Income Tax Act, 1961, applicable under Section 37(3) of FEMA, 1999. Harish Forex Services Pvt. Limited Vs Assistant Director Of Enforcement (Rajasthan High Court)

Barred Notice Under Section 148A Limits Subsequent Proceedings

January 6, 2024 2376 Views 0 comment Print

ead about the Rajasthan High Court’s decision quashing an income tax notice under Section 148A for being barred by limitation. Case details of Bijendra Singh vs ITO.

Tenant Cannot Claim Adverse Possession Against Landlord: SC

January 6, 2024 28395 Views 0 comment Print

In a landmark judgment, Supreme Court rules against adverse possession claims by tenants. Detailed analysis of Brij Narayan Shukla vs. Sudesh Kumar case.

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