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Search results for: 74

PB & HR HC's Order for M/s JSB Trading Co. vs. State of Punjab and Another

Punjab and Haryana HC Quashes GST Demand Notice Issued U/S 74 After Closure of Section 61 Proceedings

A Goods and Services Tax ( GST ) demand notice and order issued u/s 74 of the Central Goods and Services Tax Act, 2017 has been quashed by the Punjab and Haryana High Court, following the earlier closure of proceedings u/s 61 of the Central GST Act. The case concerned JSB Trading, a firm dealing […]

Kerala HC's Order In The Case of Ayyappan Pillai vs The State Tax Officer

Kerala HC: If an Assessee Fails to Submit a Sales Report for Tax Evasion, Section 74 Must Be Applied

It was mentioned by the Kerala High Court that the provision of section 74 of the CGST Act can be invoked if the taxpayer fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under […]

Karnataka HC's Order in the Case of Kesar Colour Chem Industries vs. Intelligence Officer

Karnataka HC: ‘Self-ascertainment’ Recovery Under GST Section 74 Violates Article 265

The Karnataka High Court, voluntary determination by the taxpayer himself as regards the tax liability, is sine qua non for ‘self-ascertainment of tax’ under the CGST Act. The high court said that when the notice asked to be issued under section 74(1) it showed a new and complete adjudication and did not direct to a […]

Allahabad HC's Order In Case of M/S Anil Rice Mill v. State Of U.P. And 2 Others

Payment, GST Invoice, E-way Bill Insufficient to Prove Physical Movement of Particular Goods: HC Upholds Penalty U/S 74

It was ruled by the Allahabad HC that the production of tax invoice, e-way bill, GR, or payment details is not enough to show the actual physical movement of the transaction for the objective of claiming the ITC u/s 16 of the Goods and Service Tax Act, 2017. Section 16 of the Goods and Service […]

Ahmedabad ITAT's Order In Case of Swaminarayan Co-op. Bank Ltd. Vs The ACIT

Ahmedabad ITAT: AO Failed to Specify Tax Penalty u/s 274 and 271(1)(c)

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that the AO failed to specify whether the penalty was for concealment or inaccurate particulars in the notice issued under Section 274 and Section 271(1)(c) of the Income Tax Act. The bench of Suchitra Kamble (Judicial Member) and Makarand V. Mahadeokar (Accountant Member) has […]

New GST Section 74A

GST Section 74A to Address Tax Discrepancies & Incorrect ITC

To redefine India’s tax landscape, the Finance Minister’s Budget 2024 presentation in Parliament shows a game-changing addition to the GST framework. The updated section 74A changes GST compliance and enforcement in the country. Taxpayers, businesses, and tax professionals across India wish to learn about the implications of the same new section and what it demonstrates […]

GST Collection in June 2024

GST Revenue Collection Rises by 8% to ₹1.74 Lakh Cr In June 2024

In June the gross GST collection surged 8% to Rs 1.74 lakh crore. The government has stopped the official release of monthly GST collection data. Till now the gross Goods and Services Tax (GST) collection this fiscal (April-June) stood at ₹ 5.57 lakh crore, as per the report. The June collection is more compared to […]

Madras HC’s Order In Case of M/s.ABT Limited VS Additional Commissioner of GST & Central Excise

Madras HC: GST Act Section 65 Does Not Require to Show the Audit Report Fraud For Demands U/S 74

The Madras High Court explained that Section 65 of the Central Goods and Services Tax ( CGST Act ), 2017 does not need the audit report to show the ‘Fraud or Misstatement or Suppression of Facts’ for Demand u/s 74 under the GST Act. A single bench of Justice Senthilkumar Ramamoorthy remarked, that nothing is […]

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