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Judiciary

GST order passed without Hearing Opportunity is contrary to section 75(4)

November 28, 2023 867 Views 0 comment Print

Dive into Viswkarma Furniture’s legal battle against U.P.G.S.T. Act. Analysis of orders, violation of Section 75(4), and court’s directive for a fresh notice.

GST Section 61(3) Notice: No Condition for Section 74 Action – Allahabad HC

November 28, 2023 1299 Views 0 comment Print

Explore Nagarjuna Agro Chemicals Pvt.Ltd. vs. State of U.P. case. Analysis of Allahabad HC judgment on Section 61(3) notice in GST, Section 74 implications & petitioner’s remedy.

GST Offences: Accused Granted Bail as Judicial Custody Exceeds 60 Days

November 28, 2023 1284 Views 0 comment Print

Explore the court order in Divyeshkumar Kanani vs. Central CGST, where the accused gets bail due to exceeding 60 days in judicial custody under GST Act Section 167(2).

ITAT Mumbai Allows MAT Credit & Carry Forward of Capital Loss in Demerger

November 28, 2023 1185 Views 0 comment Print

ITAT Mumbai order in DCIT vs Brandon & Co. (P) Ltd.: Set-off of carry-forward loss of capital gains in demerger. Analysis and conclusions provided.

Period of limitation in filing appeal stood extended pursuant to 52nd GST Council Meeting

November 28, 2023 2178 Views 0 comment Print

In the case of M/s Modern Steel vs Additional Commissioner, the Allahabad High Court remands the matter post-52nd GST Council Meeting, exploring appeal limitation. Get insights into the judgment.

Bogus Purchase: ITAT Mumbai restricts profit element of purchases at 4%

November 28, 2023 6642 Views 0 comment Print

Explore the JMD Corporation vs ITO case where ITAT Mumbai restricts profit element of purchases at 4%, examining allegations of bogus purchases for A.Y. 2011-12.

Bail rejected as applicant failed to prove him clean-handed in economic offences covering crores of proceeds

November 27, 2023 2229 Views 0 comment Print

Supreme Court of India rejected the bail application as applicant failed to prove him not guilty of the alleged economic offences wherein crores of proceeds of crime were transferred to the shell companies without any genuine business transaction.

Commissioner (A) inadvertently treated appeal as time barred hence matter remanded back

November 27, 2023 1026 Views 0 comment Print

CESTAT Kolkata held that Commissioner (A) inadvertently dismissed the appeal treating it as time barred as the adjudication order dated 23.07.2018 was communicated to the appellant on 05.08.2018. Accordingly, matter remanded back to Commissioner (A) for deciding the issue on merits.

Late fee u/s 234E for delayed filing of TDS return for A.Y. prior to 01.06.2015 unsustainable

November 27, 2023 9555 Views 0 comment Print

ITAT Bangalore held that no computation of fee u/s. 234E of the Act for delayed filing of return of TDS while processing a return of TDS u/s. 234E of the Act could have been made for tax deducted at source for the assessment years prior to 1.6.2015.

Deduction u/s 80HHC not available on profits earned on account of foreign exchange fluctuation

November 27, 2023 1026 Views 0 comment Print

Supreme Court held that profits earned on account of foreign exchange fluctuation cannot be included/ treated as derived from the business of export income. Accordingly, deduction under section 80HHC of the Income Tax Act not available.

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