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Search results for: IT Act

Allahabad HC's Order for Malik Traders

Allahabad HC: For Claiming GST Credit, Petitioner Must Prove the Transaction’s Genuineness Beyond Any Doubt

The Allahabad High Court’s recent ruling stipulates that an assessee is ineligible to claim input tax credit unless they successfully demonstrate unambiguous proof of the actual transaction and the physical movement of goods. Referring to Sections 16 and 74 of the UP Goods and Service Tax Act, 2017, Justice Piyush Agrawal stated that “it is […]

Allahabad HC's Order for M/S Ennkay Timbers

Allahabad HC: Re-active GSTIN as Non-filing of Return within Time Due to Health Issues

The Allahabad High Court has ordered the reinstatement of the GST registration of a business entity that was unable to file its returns on time due to extenuating circumstances. The Court acknowledged that the petitioner’s mother and sister had passed away after suffering from a prolonged illness, causing significant mental and financial strain on the […]

Delhi HC's Order for M/s. Indian Herbal Store Pvt. Ltd

Delhi HC: Modification to GST Rule 89(4)(c) is Not Retroactive, Which Caps “Export Turnover” and Restricts Refunds

The Honorable Delhi High Court, in the matter of M/s. Indian Herbal Store Pvt. Ltd. vs. Union of India [W.P.(C) 9908/2021 and W.P.(C) 9912/2021 dated September 15, 2023], granted the writ petition and ruled that Rule 89(4)(C) of the Central Goods and Services Rules, 2017 (“the CGST Rules”) should not be applied retrospectively. The Honorable […]

Mumbai ITAT Order for Kraft Foods Group Brands LLC

Neither Allocation Nor Actual Costs Incurred by Affiliates: ITAT Affirms Cost Reimbursement Additions

At the time of ensuring the additions towards the cost reimbursements as fees for technical services (FTS), the Mumbai Bench of Income Tax Appellate Tribunal observed that the taxpayer does not have any foundation for the allocation or actual cost incurred for affiliates. Aby T. Varkey (Judicial Member) and S. Rifaur Rahman (Accountant Member), presiding […]

Calcutta HC's Order for IFGL Refractories Ltd. & Anr

Calcutta HC: An Explanation to I-T Section 10AA(1) is Constitutionally Valid Added by Finance Act

The constitutional validity of the explanation to Section 10AA(1) of the Income Tax Act inserted by the Finance Act 2017, upheld by the Calcutta High Court. The bench of Justice Md. Nizamuddin witnessed that the principle of legal expectation does not apply to the case of the petitioner, and the explanation after Subsection (1) of […]

Delhi HC's Order for Delhi Metro Rail Corporation Limited

No Limitation Period U/S 54(1) of CGST Act on Tax Collected Over Nil GST Authority of Law

Hon’ble Delhi High Court for the case of Delhi Metro Rail Corporation Limited vs. The Additional Commissioner, Central Goods and Services Tax Appeals and Others [W.P. (C) 6793/2023 dated September 18, 2023] ruled that the limitation duration of two years under Section 54(1) of the Central Goods and Service Tax Act, 2017 (“the CGST Act”) […]

All Types of Directors in Indian Company

Insight of All 11 Directors Under the Companies Act 2013

Directors hold a central position in governing and managing companies in India, where they supervise, regulate, and guide various facets of a company’s functioning. This article delves into the diverse categories of directors, as outlined in the Companies Act, of 2013, and illuminates their multifaceted functions within an organization. Explanation About Directors The term “Directors” […]

18% GST on OIDAR Services from 1st Oct 2023

18% IGST Will Attract on Imported Online Services from 1st Oct

Starting from October 1st, there will be an 18% Integrated Goods and Services Tax (IGST) imposed on the import of online services for personal use from offshore digital service providers. These providers include software vendors, content streaming platforms, social media companies, and search engines that host advertisements. This new tax regulation is by a directive […]

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