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Search results for: section 54

Delhi HC's Order In The Case of AJ Flight Reservations Pvt. Ltd. v/s Commissioner of CGST

GST Refund Not Processed Within Legal Timeframe: Delhi HC Orders Repayment Within 2 Weeks

The Delhi High Court asked the appropriate officer to expedite the refund process for a petitioner who asked the Court to direct the refund of a sum of Rs.81,79,52 u/s 54 of the Central Goods and Services Act,2017. The applicant, AJ Flight Reservations Pvt. Ltd., represented by Advocate Vineet Bhatia, had filed a refund claim […]

Mumbai ITAT's Order for Mukesh Harilal Mehta

Denial of LTCG Tax Exemption Not Allowed Due to Builder’s Error in Apartment Assignment

The tax benefits cannot be refused to the taxpayer because of an error made by the builder in assigning the apartment, the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. The bench of Rahul Chaudhary (Judicial Member) and Om Prakash Kant (Accountant Member) noted that the petitioner cannot be penalized for the mistake executed […]

Madras HC’s Order for M/s.Sri Sasthaa Constructions

Madras HC Instructs AO to Permit Credit of Purchase Tax Paid Under TNGST Act, 2017

The Madras High Court ruled the Assessing Officer (AO) to permit the transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the applicant had paid “purchase tax” under Section 12(1) of the TNVAT Act. The bench of Justice C. Saravanan noted that the applicant deserves an opportunity to safeguard […]

Bombay HC's Order for Ashok Chaganlal Thakkar

Bombay HC: Agricultural Operation Not Mandatory for Qualification as Agricultural Land

The Bombay High Court, actual carrying on of agricultural operations is not a critical condition for determining that the parcels of land were agricultural lands. The order has been quashed by the bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale and remanded the case for passing the fresh assessment order. The AO […]

Delhi ITAT's Order for Ms Sarita Gupta

Delhi ITAT: Capital Gains Deduction Will Not Be Refused for Failure to Deposit in the CGAS

The Delhi bench of the ITAT recently made a significant ruling. It said that individuals can claim deductions for capital gains, even if they haven’t deposited into a capital gain account scheme. The case involved assessee, Sarita Gupta, a resident individual, of whom information was received by the Assessing Officer that the assessee’s dad sold […]

No Interest Liability If Balance in ECL for Delayed GSTR 3B Filing

Late GSTR 3B Filing: No Interest Liability If ECL Balance

Section 50 of The CGST Act was revised to furnish that there would be no interest obligation on late filing of GSTR-3B to the extent of the balance in The Electronic Credit Ledger, the Courts in the following and other cases ruled that interest was subjected to be paid even after there was balance in […]

Madras HC's Order for M/s Tulip Nilgiris Exports Pvt. Ltd.

Madras HC: Claim of GST Refund Must Submitted within 2 Years from the Date of Export

The Madras High Court has ruled that a claim for an Integrated Goods and Services Tax (IGST) refund must be submitted within two years from the relevant date, computed from the export date of the goods through any mode. Justice Senthilkumar Ramamoorthy’s bench noted that the refund claim in question pertains to exports conducted between […]

Delhi High Court's Order for M/S Mittal Footcare

Delhi HC: GST Refund Can’t Be Denied Just Because the Taxpayer Didn’t Provide Certified Documents

The Delhi High Court has ruled that denying an input tax credit (ITC) refund solely due to the absence of authenticated documents is not permissible. Justices Sanjeev Sachdeva and Ravinder Dudeja highlighted that although the petitioner had uploaded the necessary documents, the system failed to register them. Despite submitting the documents along with a response, […]

Delhi HC’s Order for M/S Sethi Sons (India)

Delhi HC Permits Tax Refund Claim Beyond Deadline Due to Delay Caused by GST Portal Glitches

The Delhi High Court in the case of M/S SETHI SONS (INDIA) Vs. ASSISTANT COMMISSIONER has permitted the GST Refund claim beyond the limitation time owing to a late filing because of GST Portal Glitches. The petitioner lodged this petition due to being dissatisfied with the refusal to refund unused input tax credit (ITC) gathered […]

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