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Search results for: IT Act

Kolkata ITAT's Order for Kalna II CADP Farmers Service Co-Op. Society Ltd

ITAT Kolkata Quashes Penalty U/S 271(1)(c), If Addition Deleted by Appellate Authority

Income Tax Appellate Tribunal (ITAT) Kolkata in a ruling, the case of Kalna II CADP Farmers Service Co-Op. Society Limited vs. ITO has set a crucial precedent concerning penalties under Section 271(1)(c) of the Income Tax Act. The decision tribunal, on April 27, 2023, emphasized that no penalty could be levied under this section if […]

Allahabad HC’s Order for M/S Akhilesh Traders

Allahabad HC: GST Invoice and E-way Bill Generation After Detention Can’t Save from Penalty

The Allahabad High Court ruled that the absence of tax invoices and/or e-way bills during interception and their next production does not forgive the taxpayer from the obligation of penalty under the Goods and Service Tax Act. “Production of these documents after the interception cannot absolve the petitioner from the liability of penalty as the […]

Allahabad HC's Order for M/S Indeutsch Industries Private Limited

Allahabad HC: Just One Typographical Error Does Not Justify Imposing a Penalty Under GST

In a recent ruling, the Allahabad High Court noted that a single typographical error in an e-way bill cannot be a sufficient justification to impose a penalty. The judgment came in the case of Indeutsch Industries Private Limited Vs State of U.P. And 2 Other. A writ petition was filed by Indeutsch Industries Private Limited […]

Bangalore ITAT's Order for Cicon Engineers Private Limited

ITAT: TDS Credit Can Be Claimed in the Year Income Reported and Can’t Be Carried Forward to Subsequent Years

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 […]

Bombay High Court's Order for Mira Bhavin Mehta

Bombay HC: A Change of Opinions Does Not Justify Assuming Income Chargeable to Tax

The assessment reopening was based on a revision of the view of the AO (Assessing Officer) from that ruled before at the time of assessment proceedings. The revision of the view does not comprise the justification to assume that the income levied to tax has escaped from assessment, the Bombay High Court ruled. The bench […]

Delhi HC's Order for M/s Dashmesh Wires and Cables (India)

Delhi HC: GSTIN Cancellation Must Be Stay from Biz Discontinuation Date, Not Deemed Retrospectively

As a taxpayer has not filed the GST returns for a certain duration does not imply that the registration of the assesses is required to be cancelled with a retrospective date also covering the period when the returns were filed and the assessee was compliant, Justices Sanjeev Sachdeva and Ravindra Dudeja noted. The Delhi High […]

Kerala HC's Order for Carpenters Classics India Pvt. Ltd.

Kerala HC: Legal Detention of Goods, Adherence to Rule 138A Under GST Confirmed

The Kerala High Court in a ruling addressed the legal dispute between Carpenters Classics India Pvt. Ltd. and the Assistant State Tax Officer, concentrating on the complexity of GST compliance and the procedural necessities for the transportation of goods across state lines. This case specifies the enforcement of GST regulations, the business’s responsibilities in generating […]

Ahmedabad ITAT's Order for Shri Nilesh Parshotambhai Patel

Ahmedabad ITAT Removes Addition, No TDS Deduction U/S 194C for Land Levelling Costs

The Ahmedabad bench of the Income Tax Appellate Tribunal ( ITAT ) wishes to delete the Income Tax addition since it found that no deduction of Tax Deducted at source ( TDS ) under Section 194C of the Income Tax Act was needed for land levelling costs. The taxpayer in the year under consideration sold […]

Delhi High Court's Order for Federal Bank Ltd.

Delhi HC Quashes GST Order Against Federal Bank as No Opportunity Given to Reply SCN

The Delhi High Court set aside the order and Show Cause Notice concerning Federal Bank Ltd alleging an illegal Input Tax Credit ( ITC ) Claim. The Goods and Service Tax (GST) order was issued without furnishing sufficient chance to answer the SCN. order dated 27.12.2023, whereby the SCN on 23.09.2023, offering a demand against […]

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