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Judiciary

ITAT accepting reduction of amount via rectification deed without questioning factum of refund needs fresh consideration

May 10, 2023 639 Views 0 comment Print

Supreme Court held that ITAT accepted the rectification deed reducing the amount from Rs. 15,94,06,500/­ to Rs. 5,24,27,354/­ without questioning the factum of refund of differential amount. Accordingly, matter remanded back for fresh consideration.

Rate of state tax can exceed limits prescribed by CST on Gutkha & pan masala

May 10, 2023 927 Views 0 comment Print

Supreme Court held that the rate of local tax can exceed the limits under the Central Sales Tax Act, 1956 on gutkha and pan masala.

Deemed dividend provisions u/s 2(22)(e) doesn’t apply to advance for business transaction

May 10, 2023 978 Views 0 comment Print

ITAT Delhi held that the amounts advanced for business transaction between the parties would not fall within the definition of deemed dividend under section 2(22)(e) of the Act.

GST: HC refuses to remand the matter to AO as alternative remedy available

May 10, 2023 492 Views 0 comment Print

Sourav Satapathy Vs Commissioner of CT & GST (Orissa High Court) Court finds that the petitioner has approached this Court challenging the demands raised by the authority vide Annexure-7 and Annexure-8. The contention of the petitioner is that he has already paid the amount vide Annexure-5 series. If the contention of the petitioner, that he […]

No addition in years of completed assessments if no incriminating material unearthed during search

May 10, 2023 744 Views 0 comment Print

Meena Nayyar Vs ACIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that no additions can be made de hors any incriminating material for assessment under Section 153A of the Income Tax Act. The aforesaid observation was made by the Delhi ITAT, when appeals […]

Road Tax exemption on tractors/trailors confined only within tea garden area

May 10, 2023 756 Views 0 comment Print

HC allows petitioner to demonstrate that tractors/trailors against which exemption of motor vehicles tax are claimed are not used or do not ply in public road but are confined only within the tea garden area.

Assessee can claim ITC for the period from cancellation of GST registration to restoration

May 10, 2023 5265 Views 0 comment Print

Assessee entitled to claim Input Tax Credit in respect of period from cancellation of GST registration till registration is restored.

No Section 234E late fees for delayed TDS Statement filed before 31.05.2015

May 10, 2023 483 Views 0 comment Print

Klug Avalon Mechatronics Private Limited Vs ITO (ITAT Pune) ITAT held that a person is liable to deduct any sum under the provisions of chapter XVII of the Act, is under obligation to deliver or furnish a statement u/s 200(3) of the Act within the due date prescribed therein and in the event of default, […]

Tripura VAT: Audit report not submitted- No penalty if proper notice not issued

May 10, 2023 366 Views 0 comment Print

HC held that penalty imposed for violation of Section 53(1) of TVAT Act, 2004 suffers from lack of proper notice and absence of reasonable opportunity of being heard

GST: Deeming fiction of 70:30 formula attributable to construction service & land cost applies only when bifurcation is not provided

May 9, 2023 2412 Views 0 comment Print

Avigna Properties Pvt Ltd Vs State Tax Officer (Madras High Court) Deeming fiction of 70:30 formula attributable to construction service and land cost applies only when bifurcation is not provided Madras High Court held that methodology of deeming fiction set out under notification 11/2017-Central Tax (Rate) dated 28.06.2017 (70:30 formula) attributable to construction services and […]

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