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Search results for: Section 83

Delhi HC's Order In the Case of M/s Aar Gee Impex vs. Directorate General of Services Tax Intelligence

Delhi HC: GST Section 83 Can’t Continue Beyond One Year; Orders Release of Min. Bank A/c Balance

The Delhi High Court stated that a provisional attachment order under section 83 of the Goods and Services Tax Act, 2017 (GST Act) cannot continue after its statutory one-year period, directing the de-freezing of a GST-implicated entity’s bank account while charging a minimum-balance requirement. A petition has been filed by M/s Aar Gee Impex contesting […]

Bombay HC's Order In Case of Skytech Rolling Mill Pvt. Ltd. vs Joint Commissioner of State Tax Nodal

Bombay HC: Cash Credit Account Not Subject to Attachment as Property Under GST Section 83

A cash credit account cannot be treated as the property of the account holder, which can be considered u/s 83 of the GST Act, the Bombay High Court mentioned. The Division Bench of High Court Justices Jitendra Jain and M.S. Sonak noted that the phrase ‘including bank account’ follows the phrase “any property” shall be […]

Delhi ITAT's Order in The Case of Rachita Sahgal vs. ACIT

ITAT Delhi Sets Aside ₹42.94 Lakh Tax Addition for Wrongful Use of Section 153C

The tax additions of ₹42.94 lakh each against the Gurgaon-based couple, Rachita Sahgal and Vivek Sahgal, have been rejected by the Income Tax Appellate Tribunal (ITAT), Delhi Bench, citing that the department wrongly invoked Section 153C of the Income Tax Act. According to the bench, the seized documents merely “pertained to” the taxpayers, rather than […]

Bangalore ITAT's Order in The Case of M/s. Bank of Baroda (Erstwhile Vijaya Bank) vs. Addl. CIT LTU

ITAT Bangalore: MAT Inapplicable to ‘Corresponding New Banks’ Under Section 115JB

The Income Tax Appellate Tribunal (ITAT) in Bangalore ruled that the provisions related to Minimum Alternate Tax (MAT) under section 115JB of the Income Tax Act do not apply to the taxpayer bank. As a result, the tax on book profits is not applicable to the bank. The tribunal has allowed the appeal filed by […]

Ahmedabad ITAT's Order in the Case of Acacia Biotech Limited vs. Income Tax Officer

Ahmedabad ITAT Allows Appeal Over Section 80IC Deduction Rejection Due to Village Name Discrepancy

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) permitted the appeal filed via the taxpayer contesting the false rejection of Section 80IC of the Income Tax Act,1961 deduction claim due to a village name discrepancy. The applicant Acacia Biotech Limited, contested the order dated 30.10.2023 passed by the Commissioner of Income Tax (Appeals) for […]

Kerala HC's Order in Case of Arafa Plywood and Veneers vs. State Tax Officer

ITC Under Section 16(2)(c) Rejected: Kerala HC Grants Benefit Based on GST Circular

For the case of a challenge against the refusal of the Input tax credit (ITC) u/s 16 (2)(c) of the Central Goods and Service Tax (CGST) Act, 2017, the High Court of Kerala permitted the benefit of circular and set aside the order to the extent it refuses ITC based on the provisions. The applicant […]

Rajasthan HC's Order in Case of M/s Sunshine Exim vs. Directorate General Of GST Intelligence Jaipur Zonal Unit

Rajasthan HC: Provisional Attachment U/S 83 of GST Act Ceases After One Year Without Fresh Justification

The provisional attachment u/s 83 of the CGST Act ceases post 1 year and could not be attached again without providing a fresh reason, the Rajasthan High Court mentioned. The Division Bench, including Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar, was dealing with a matter in which the taxpayer contested the attachment of […]

Jaipur ITAT's Order in Case of Suwalka and Suwalka Properties and Builders Pvt. Ltd. vs. Asst. Commissioner of Income Tax

ITAT Jaipur: IT Section 68 Provisions Do Not Apply to Sale Transactions Already Credited in the P&L

It was ruled by ITAT Jaipur that provisions of 68 or such are not been applied on the transaction sale recorded in the books of accounts as the sale transactions are part of the income which is credited in the statement of profit & loss account. Case Facts AO in the assessment proceedings noted that […]

A Guide to the New Section 128A Under the GST Act

New GST Section 128A: Key Provisions and Their Impact

The Central Goods and Services Tax (CGST) Act has introduced a new section 128A, to decrease the tax loads and proposes relief for the assessees towards tax obligations made between July 1, 2017, and March 31, 2020. This amendment permits people with tax obligations to settle their debts without facing extra interest or penalties, as […]

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