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Judiciary

Imposition of penalty u/s 67(1) of KVAT sustained due to filing of an untrue/ incorrect return

December 15, 2023 519 Views 0 comment Print

Kerala High Court held that filing an untrue or incorrect return in view of section 67(1)(d) of the Kerala Value Added Tax Act, 2003 [KVAT] assumes more rigour in the teeth of the onerous obligation, resulting in the imposition of a penalty. Accordingly, imposition of penalty justified.

Refund of accumulated ITC permissible when rate of certain inputs are higher than rate on output supply

December 15, 2023 3333 Views 0 comment Print

Delhi High Court held that refund of accumulated Input Tax Credit (ITC) permissible as rate of taxes on certain inputs being higher than tax chargeable on the output supply.

Mere charging guarantee fees for services by trust not sufficient to invoke proviso to section 2(15)

December 15, 2023 504 Views 0 comment Print

ITAT Mumbai held that mere charging of guarantee fees for services by the assessee trust ipso facto is not sufficient to invoke the proviso to section 2(15) of the Income Tax Act, that too without establishing that the object and purpose of the assessee is profit motive.

Reassessment proceedings based on query already raised in original assessment unsustainable

December 15, 2023 993 Views 0 comment Print

Delhi High Court held that reassessment proceedings will be invalid where once a query is raised and answered by the assessee in original assessment proceedings but thereafter AO didnt made any addition in the assessment order.

ITAT Directed Assessee to furnish CA certificate in Form 26A for setting aside disallowance u/s 40(a)(ia)

December 15, 2023 2484 Views 0 comment Print

ITAT Raipur restored the matter back to the file of AO in case of disallowance u/s. 40(a)(ia) of the Income Tax Act as the CA certificate submitted was not as per the prescribed form i.e. Form 26A. Post submission of CA certificate in prescribed form, disallowance u/s 40(a)(ia) will be vacated.

In re Shri Daksha Girls Hostel (GST AAR Tamilnadu)

December 15, 2023 204 Views 0 comment Print

The applicant, M/s. Shri Daksha Girls Hostel, No,122, Raja Annamalai Road, Saibaba Mission P.O, Coimbatore-641 011 (herein after referred to as The Applicant), is unregistered with GST. The Applicant is running a ladies residential hostel for college students and working people.

In re Sri Sai Nivas Ladies Hostel (GST AAR Tamilnadu)

December 15, 2023 195 Views 0 comment Print

The applicant, M/s. Sri Sai Nivas Ladies Hostel, No. 111, NGN Street, New Sidhapudur, Coimbatore (herein after referred to as The Applicant), is unregistered with GST. The Applicant is running a ladies residential hostel for college students and working people.

In re Gokulam Ladies Hostel (GST AAR Tamilnadu)

December 15, 2023 219 Views 0 comment Print

The applicant, M/s. Gokulam Ladies Hostel, No. 40, Subramaniam Road, R.S. Puram, Near B2 Police station, Coimbatore 641 002 (herein after referred to as The Applicant), is unregistered with GST. The Applicant is running a ladies residential hostel for college students and working people.

In re Snekham Residency-II (GST AAR Tamilnadu)

December 15, 2023 186 Views 0 comment Print

The applicant, M/s. Snekham Residency II, No.70, Kamadhenu Nagar, Echanari, Coimbatore -641 021 (herein after referred to as The Applicant), is unregistered with GST. The Applicant is running a ladies residential hostel for college students and working people.

In re Thai Mookabikaa Ladies Hostel (GST AAR Tamilnadu)

December 15, 2023 399 Views 0 comment Print

The applicant, M/s. Thai Mookambikaa Ladies Hostel, 6A, Thudiyalur Main Road, Saravanampatti (PO), Coimbatore – 641 035 (herein after referred to as The Applicant), is unregistered with GST. The Applicant is running a ladies residential hostel for college students and working people.

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