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Judiciary

Delhi HC: Multiple GST Notices – Highest Demand Officer Has Jurisdiction

January 5, 2024 813 Views 0 comment Print

Delhi High Court ruling on Aasanvish Technology Pvt. Ltd. & Ors. vs. Directorate General of GST Intelligence. Officer with highest demand has jurisdiction.

HC Quashes Criminal Proceedings for Non-Compliance with GST Summons (Section 70)

January 5, 2024 1206 Views 0 comment Print

Jharkhand High Court drops criminal proceedings under CGST Act, Section 174 IPC. Summon duly replied. Analysis of the case – Satyendra Singh Kushwah vs. State of Jharkhand.

Section 12AB Registration: ITAT Pune Directs Re-Adjudication 

January 5, 2024 459 Views 0 comment Print

ITAT Pune orders re-adjudication in Mahesh Shikshan Sanstha Vs CIT case. Failure to respond to notice under IT Rules 17A(2). Detailed analysis and implications.

Sec. 80-IB(10) deduction allowable even in case of belated returns

January 5, 2024 945 Views 0 comment Print

Deduction under section 80IB (10) was allowable to assessee as it had a reasonable & bona fide cause for not filing the return of income within the time permitted under Section 139(1). Once in the given facts, assessee had been held entitled to claim the specifically computed deductions, then it should not be burdened with taxes which it was otherwise not liable to pay under law.

SEZ units not exempted from payment of compensation cess

January 5, 2024 1557 Views 0 comment Print

Andhra Pradesh High Court held that the phrase ‘duty of customs’ used in Section 26(1)(a) of SEZ Act only refers to duty leviable under Customs Act, 1962 but the said phrase does not include cess under GST Compensation Act. Thus, SEZ units are not exempted from payment of compensation cess on import of coal.

Treating purchases as bogus unjustified if sales duly accepted

January 5, 2024 3606 Views 0 comment Print

ITAT Delhi held that disallowance of purchases by treating it as bogus unjustified as the impugned purchases have been sold and the sales have been accepted as there cannot be any sale without purchases.

Demat/ depository charges collected by sub-brokers on behalf of stock exchange not leviable to service tax

January 5, 2024 363 Views 0 comment Print

CESTAT Ahmedabad held that demat/depository charges, transaction/ administrative charges and VSAP/TWS charges collected by sub brokers on behalf of the stock exchange are not liable to Service Tax.

Section 74 notice is required to be issued electronically in FORM GST DRC-01 & DRC-02 with summary

January 5, 2024 10308 Views 0 comment Print

Explore Rule 142(1) of CGST Rules mandating Section 74 notice to be accompanied by an electronic summary in GST DRC-01 & DRC-02. Learn about compliance during adjudication.

HC allowed benefit of section 279 (1A) compounding of Prosecution In Tax Evasion Case

January 5, 2024 1185 Views 0 comment Print

Since the penalty was reduced from 300% to 100% of the tax sought to be evaded, assessee was entitled to the benefit of Section 279(1A) of Income Tax.

Cash receipt at the time of registration of sale deeds of plots doesn’t violate section 269SS

January 5, 2024 5325 Views 0 comment Print

ITAT Chennai held that there is no violation of provisions of section 269SS when all sale deeds were registered and cash payment was made at one go before the sub-registrar at the time of registration of sale deeds of plots. Hence, penalty u/s 271D not leviable.

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