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Excess Stock Should Be Addressed under Sections 73 & 74 GST Act, Not Section 130: Allahabad HC

August 23, 2024 1311 Views 0 comment Print

The Allahabad High Court ruled that excess stock in a GST survey should trigger proceedings under Sections 73 & 74, not confiscation under Section 130.

Section 130 GST Act Proceedings Apply not apply to Unaccounted Stock Found During Survey: HC

August 23, 2024 1011 Views 0 comment Print

Allahabad High Court sets aside GST orders against Shree Om Steels, ruling that proceedings under Section 130 of the UPGST Act were improperly initiated.

Cash Accounting: TDS Credit Allowed in year the Income is Received & offered for taxation

August 22, 2024 633 Views 0 comment Print

The ITAT Ahmedabad ruled on the disallowance of TDS credit to Theo Desh Consultants due to non-inclusion of corresponding income in the relevant assessment year.

Madras HC quashed GST order passed by State Tax Officer not having Authority to Pass order

August 22, 2024 1383 Views 0 comment Print

Madras High Court quashes assessment and rectification orders against Srinithi Enterprises, citing jurisdiction issues; directs Assistant Commissioner to review case.

ITAT held revision u/s 263 could not address issues beyond limited scrutiny under CASS

August 22, 2024 585 Views 0 comment Print

Assessee-partnership firm had filed its income tax return declaring income. The case was selected for limited scrutiny, focusing on the issues such as investment in immovable property and share capital/other capital.

Retrospective reduction of pay scale of government employee and recovery thereof illegal: Supreme Court

August 22, 2024 894 Views 0 comment Print

Held that any step of reduction in the pay scale and recovery from a Government employee would tantamount to a punitive action because the same has drastic civil as well as evil consequences.

Amount received for not carrying out any activity relating to business taxable as business income: Kerala HC

August 22, 2024 573 Views 0 comment Print

In lieu of the appellant discontinuing the commodity brokerage business, BNP Paribas offered compensation of Rs.40 crores. Pursuant thereto, in a meeting held on 23.05.2008, resolution was passed by the Board of Directors of the appellant accepting the said offer.

Penalty for minor discrepancy in address between Tax invoice and e-way bill not justifiable: Madras HC

August 22, 2024 1002 Views 0 comment Print

Madras High Court held that the imposition of penalty for the minor discrepancy in the variance in the address in the Tax Invoices and the E-Way Bill would not justify the penalty under Section 129(5) of CGST Act.

Allahabad HC Upholds GST Penalty on Bogus Transactions

August 22, 2024 6414 Views 0 comment Print

Allahabad HC dismisses Shiv Trading’s petition challenging GST penalty due to failure to prove genuine transactions and actual physical movement of goods.

Bombay HC permits GST return rectification after statutory deadline if no revenue loss

August 21, 2024 579 Views 0 comment Print

Bombay HC directed CBIC to allow GST return rectification by reopening the portal or manually if no revenue loss. A notice and hearing are required if opposed.

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