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Search results for: Section 74

Section 54F Amendment

Section 54F Amended, Benefit of Capital Gain Will be Available to One Property Only

The Income Tax Appellate Tribunal (ITAT), Bangalore, has ruled that according to the 2015 amendment made in section 54F of the Income Tax Act 1961, the benefit of capital gain deductions will be available to the one residential property only. Latest Update 14th November 2022 The ITAT of Pune bench has ruled that the construction […]

Registration of Section 8 Company

How to Do Registration for Section 8 Company? New Guide

A company is referred to as a Section 8 Company when registered as a Non-Profit Organization (NPO) i.e. when it has the motive of promoting arts, commerce, education, charity, protection of the environment, sports, science, research, social welfare, religion and intends to use its profits (if any) or other income for promoting these objectives. The […]

Madras HC's Order In the Case of M/s. K.N.Raj Constructions vs. The State Tax Officer

Madras HC Directs Forensic Verification Review as Tax Return Data Is Insufficient for GST Order

The Madras High Court recently issued a ruling directing a forensic examination of the records relevant to several writ petitions that contested GST assessment orders. Additionally, the court ordered the applicant to make a pre-deposit of ₹30 lakh, after which the attachment on the applicant’s bank account will be lifted. The K. N Raj Construction […]

HP HC's Order In the Case of M/s Shivalik Containers Pvt. Ltd. Vs. Assistant Commissioner

HP HC Sets Aside GST Demand of INR 16.72 Lakh in Alleged Illegal ITC Case

The Himachal Pradesh High Court has refused a GST demand order of ₹16.72 lakh that was charged on Shivalik Containers Pvt. Ltd. for the alleged wrong utilisation of Input Tax Credit (ITC). As per the court, the subsequent tax filing, including an interest via the supplier, could not be overlooked while analysing the sustainability of […]

Allahabad HC's Order In The Case of Pilcon Infrastructure Pvt. Ltd. Vs. State of U.P. and Another

Allahabad HC Rejects Plea to Quash GST Fraud Notice, Orders Tax Department to Reveal Evidence

The Allahabad High Court has declined to intervene at the preliminary stage regarding a show cause notice issued under Section 74 of the Uttar Pradesh Goods and Services Tax (UP GST) Act, 2017, which alleges the use of fraudulent input tax credit (ITC). However, the Court has instructed the GST department to provide all detrimental […]

Allahabad HC's Order in The Case of M/S Raghuvansh Agro Farms Ltd. vs State of U.P. and 2 others

GST Returns & E-Way Bills Sufficient to Prove Movement of Goods, Toll Plaza Receipts Not Required: Allahabad HC

The Allahabad High Court, production of toll plaza receipts is not mandatory to establish the actual movement of goods when transactions are supported by valid e-way bills, tax invoices, banking-channel payments, and proper disclosure in GST returns. The Court then ruled that State GST authorities could not investigate or adjudicate cases of Central GST taxpayers […]

Allahabad HC's Order In the Case of Adboulevard Media Pvt. Ltd. vs. Additional Commissioner

Allahabad HC Orders Criminal Contempt Against GST Officer for Misleading Affidavit

The Allahabad High Court has ordered the commencement of criminal contempt proceedings against the Additional Commissioner, Grade-2 (Appeal), State Tax, Meerut. This decision comes after the Commissioner submitted a misleading personal affidavit to the Court despite being granted two separate opportunities to rectify the inaccuracies. Justice Piyush Agrawal, noting that the impugned order did not […]

Calcutta HC's Order in The Case of Bidyut Autotech Private Limited and Another vs. The Assistant Commissioner of State Tax

Calcutta HC: GST Relief Late Filing Not a Bar, Orders Consideration of Cess Details

The Calcutta High Court recently addressed a case involving a reporting error related to cess in the monthly GSTR-3B returns. The error was later rectified through the annual GSTR-9 return. The Court directed the authorities to reconsider the matter and take into account the corrections made in the annual return for the initial omission of […]

SC's Order in The Case of M/S Sriba Nirman Company vs. The Commissioner (Appeals)

Supreme Court Upholds AP HC Order Confirming 100% GST Penalty for Wilful Suppression

The Supreme Court has upheld the imposition of a 100% GST penalty for wilful suppression of facts arising from the non-filing of monthly GST returns. The Andhra Pradesh High Court previously affirmed the penalty under Section 74 of the CGST Act, finding that failure to file mandatory returns and pay GST constituted wilful suppression with […]

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