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Search results for: section 39

Delhi HC's Order In Case of M/s Rainbow Products Vs Commissioner of Central GST

Delhi HC Restores GSTIN Canceled Due to Unfiled GST Returns and Non-Compliance with Section 39

The Delhi High Court in a ruling has reinstated the GST registration of an assessee even after the non-compliance with section 39 of the CGST act and the failure to file the returns. The taxpayer, Rainbow Products has filed the present petition an order on 19.12.2023, whereby the GST registration of the taxpayer was cancelled, […]

A Quick Guide to Section 339 of Companies Act 2013

All About Section 339 Under Companies Act with Penalties

Section 339 of the Companies Act 2013 is a critical law that deals with unfair business practices in India. Simple to Understand Section 339 of the Companies Act Section 339 of the Companies Act 2013 (hereinafter referred to as “the Act”) is a significant clause that addresses India’s unscrupulous business practices. Any shareholder, officer, or […]

Karnataka HC Order In The Case of MS. Shri Keshav Cements And Infra Ltd. vs. The Dy. Commissioner Of Commercial Taxes (Audit)

Karnataka HC Quashes GST Demand, Upholds Right to Personal Hearing Under Section 75(4)

The Karnataka High Court, specifically the Dharwad Bench, has overturned a GST demand order that exceeded Rs 7.23 crore. The court found that the tax department did not follow the necessary procedure of giving a personal hearing to the affected party before issuing an unfavourable decision. The bench of Justice Lalitha Kanneganti said that Section […]

GCCI Seeks Clarification from Centre on Section 234B

GCCI Urges Centre to Clarify IT Act Provisions on Section 234B

A rising number of taxpayers in India reported that they are getting surprising interest demand notices from the income tax department post-filing the updated ITRs. The Gujarat Chamber of Commerce and Industry (GCCI), concerned about the rising grievances, asked the centre to revise the provisions of the Income Tax Act to remove the uncertainty in […]

Nagpur ITAT's Order in The Case of Somalwar Academy Education Societies Employees Co-op vs. DCIT (CPC)

ITAT Nagpur: Section 80P Deduction Can’t Be Denied Solely for Belated ITR Filing

The deduction under Section 80P cannot be denied for belated ITR filing, the Nagpur bench of Income Tax Appellate Tribunal (ITAT) ruled and directed the AO to examine the claim and determine the tax liability. The taxpayer Somalwar Academy Education Societies Employees Co-op. Credit Society Mar submitted its income return for the assessment year under […]

Kerala HC's Order in The Case of Mathai M.V. vs. The Senior Enforcement Officer

Kerala HC: GST Notice Sent via WhatsApp Is Invalid Under Section 169 Prior to Seizure

The Kerala High Court in a ruling carried that GST notices sent through WhatsApp are said to be an invalid service mode u/s 169 of the CGST Act, even if used in the COVID-19 period. A writ petition has been filed by Mathai M.V., a truck owner, contesting the detention and confiscation of his vehicle […]

Raipur ITAT's Order in The Case of Nishant Jain vs. The Assistant Commissioner of Income Tax

ITAT Raipur: No Separate Disallowance Under Section 40A(3) of the IT Act When Income is Estimated

The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) in a ruling has partly permitted the pleas for multiple assessment years by keeping that where the income is assessed on an estimated basis, separate disallowances like those u/s 40A(3) are unsustainable. The taxpayer, Nishant Jain, a civil contractor working in government infrastructure projects, had […]

Madras HC's Order in Case of The Assistant Commissioner of Customs vs. M/s.Modern India Products

Madras HC: IGST Refund Claim Valid Alongside Duty Drawback Under Sections 74 & 75

The Hon’ble Madras High Court of Madurai Bench in the case of M/s Modern India Products v. The Assistant Commissioner of Customs House IGST Section & Ors. [Writ Appeal (MD) No. 1559 of 2021 dated February 21, 2025], has permitted the refund claim via the taxpayer of the Integrated Goods and Services Tax (“the IGST”) […]

Delhi HC's Order In Case of Kanwaljeet Kaur vs. Assistant Commissioner Of Income Tax Circle (34) 1 Delhi & Ors

Delhi HC Clarifies Timeframe for Reassessment Notices Under Section 149

The Supreme Court’s decision in Union of India v. Rajeev Bansal has been interpreted by the Delhi High Court to explain the time duration surviving u/s 149 of the Income Tax Act, 1961 for issuing reassessment notices. The period between 20 March 2020 to 30 June 2021 would not be included in the limitation, because […]

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