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The Madras High Court ruled the Assessing Officer (AO) to permit the transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the applicant had paid “purchase tax” under Section 12(1) of the TNVAT Act. The bench of Justice C. Saravanan noted that the applicant deserves an opportunity to safeguard […]
A Division Bench of the High Court of Telangana has explained that the GST Authority does not have the authority to issue orders for the insertion of a negative balance in the credit ledger of assessees. A writ petition was filed by Laxmi Fine Chem against the Assistant Commissioner contesting the blocking of input tax […]
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) ruled that the taxpayer is qualified for CENVAT credit on inputs and input services utilised for the production of electricity, which are transferred to its sister unit at Urse free of charge. The bench of Ajay Sharma (Judicial Member) witnessed that no allegation […]
One of the outcomes of cancelling the registration of the taxpayer with retrospective effect is that the taxpayer’s customers are refused the claim of the input tax credit for the supplies made by the taxpayer, the Delhi High Court ruled. The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja witnessed that simply due to […]
The Mumbai bench of the Income Tax Appellate Tribunal ( ITAT ) demanded re-adjudication, commenting that either Form 26AS or Form 16 is crucial to claim the Tax Deducted at Source ( TDS ) credit. The taxpayer claimed TDS amounting to Rs.10,45,439 was deducted by the employer i.e. M/s. Nirmal Lifestyle Ltd. from salary u/s […]
During remanding the case back for re-adjudication, the Mumbai ITAT stated that the prima facie onus shall be on the taxpayer to verify its claim of non-granting of TDS credit, by furnishing pertinent documents, like an appointment letter, salary slips or Form No.16 or bank statements, or any other corroborative evidence/ documents. The Bench of […]
The Chennai bench of the Income Tax Appellate Tribunal ( ITAT ) held that Section 155(14) of the Income Tax Act, 1961 could not limit the Tax Deduction at Source ( TDS ) credit if the income is correctly shown in the Income-tax Returns. The ITAT bench noted that “once TDS is deducted and deposited […]
The Ahmedabad bench Income Tax Appellate Tribunal ( ITAT ) ruled that the Tax Deduction at Source ( TDS ) credit must not be refused if the income from the sale of agricultural property was not declared in the Income Tax Return (ITR). Dhirajlal Savailal Shah, the taxpayer at the time of the AY 2017-18, […]
The case of DCIT Vs Cicon Engineers Private Limited (ITAT Bangalore) shows the intricate interplay between Tax Deducted at Source (TDS) credit and income reporting under the Income Tax Act, of 1961. The same blog shows a detailed analysis of the legal arguments and outcomes of the case. Case Background: The revenues petition related to […]
