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Judiciary

Involuntary reversal of ITC during search needs to be refunded to taxpayer

December 14, 2023 768 Views 0 comment Print

Delhi High Court held that involuntary reversal of Input Tax Credit (ITC) during search needs to be refunded to the taxpayer while reserving the right of the GST authorities to proceed against the said taxpayer to the full extent in accordance with law.

Madras HC Sets Aside GST Assessment Order Citing Technical Glitches on Portal

December 14, 2023 1806 Views 0 comment Print

Explore the Madras High Court’s decision in East Coast Constructions and Industries Ltd. vs. Assistant Commissioner, where it allowed a writ petition, highlighting technical issues on the GST portal. The court remanded the matter, emphasizing the need for a fair chance and directing the Revenue Department to address dashboard discrepancies.

Lack of cooperation from petitioner, HC upheld best judgment assessment order

December 14, 2023 408 Views 0 comment Print

Kerala High Court dismisses writ challenging income tax assessment by TDGSM Co-Op Society. Details on court’s decision, petitioner’s claims, and potential remedies explored.

Section 14A Disallowance Cannot Surpass Exempt Income: Delhi HC 

December 14, 2023 585 Views 0 comment Print

Understand the tax treatment of interest on loans for share purchase when income from shares is classified as business income. Analysis of the Delhi High Court’s ruling in PCIT Vs Devata Tradelink Ltd

Assessing Officer Must Substantiate Bogus Creditor Claim: ITAT Delhi

December 14, 2023 696 Views 0 comment Print

Absence of reply from the creditors do not entitle the Assessing Officer to treat the creditors as bogus without bringing any evidence on record to prove the payable are not indeed not required to be paid.

Reassessment Without Section 151 Approval Void: ITAT Dehradun

December 14, 2023 915 Views 0 comment Print

In a crucial decision, ITAT Dehradun quashes reassessment in Uttarakhand Purv Sainik Kalyan Nigam Ltd vs. ITO case. Analysis of Section 151 approval absence and its implications.

Cooperative Society Exempt from GST for Solid Waste Management: Patna HC

December 14, 2023 534 Views 0 comment Print

Read about Patna High Court’s decision in Mahavir Sharmik case, granting relief to a cooperative society from BGST for solid waste management activities.

Section 2(22)(e) Deemed Dividend Addition Limited to Shareholders

December 14, 2023 4632 Views 0 comment Print

Explore ITAT Delhi’s ruling limiting deemed dividend addition to shareholders. Details on assessment years 2013-14, 2014-15, and 2015-16. Full text analysis.

Issuance of cryptic SCN violates the principles of natural justice

December 14, 2023 1335 Views 0 comment Print

While issuing a cryptic show cause notice, the authorities had violated the principles of natural justice. As from the impugned order as well as the show cause notice, the reasons for cancellation of GST registration were not decipherable therefrom, therefore, the show cause notice and the impugned order were quashed and set aside.

Form-10 Supplied After Limitation but Before Assessment Completion Eligible for Section 11(2) Exemption Benefit

December 14, 2023 786 Views 0 comment Print

Form-10 under rule 17(2) for claiming exemption had been supplied to AO after the prescribed period but before completion of assessment, it ought to be considered by AO for granting benefit of exemption under Section 11(2) of the Income Tax Act, 1961 in original assessment proceedings. Accordingly, the entire process of reassessment that had been initiated by Department was without any legal basis whatsoever.

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