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Search results for: section 54

Delhi HC's Order for Indian Oil Corporation Limited

Delhi HC Allows GST Refund to IOCL of Accumulated ITC Due to Inverted Duty Structure

The refund of ITC accumulated because of the inverted duty structure to the Indian Oil Corporation Limited (IOCL) is been permitted by the Delhi High Court. The tax rate levied on the inputs excluding LPG which are more compared to the GST rate levied on bottled LPG. ITC has accumulated based on the tax rate […]

Bombay HC's Order for Serum Institute of India Pvt Ltd

Bombay HC Cancels Serum Institute of India’s Appeal Challenging 2016 Amendment to IT Act

A petition that the Serum Institute of India Pvt Ltd had filed that contested a 2016 amendment to the income tax act has been dismissed by the Bombay High Court. The bench of Justice K. R. Shriram and Justice Neela Gokhale witnessed that the revision of section 2(24) by the insertion of the impugned sub-clause […]

Madras HC's Order in Case of M/s. Lenovo (India) Pvt. Ltd. Versus JCIT

Madras HC: Not Compulsory for Filing GST Refund Application Within Two Years

The Madras High Court ruled that the two-year limitation for filing the GST refund application is a directory and not obligatory. The Justice Krishnan Ramasamy bench noted that Section 54(1) of the CGST Act allows applicants to submit their applications within two years from the relevant date, suggesting it as an option rather than a […]

New Changes Related to GST ITC w.e.f. 20th Oct 2023

Recent Changes That Impact Your GST ITC (20th Oct 2023)

Here are three important changes under GST law that have come into effect from 20th October 2023 that will affect your input tax credit availability. Cab Rental Services for Passengers In the services, the condition has been inserted via renting any motor vehicle designed to carry the passengers in which the fuel cost is been […]

Chennai ITAT's Order for Rajamanikam Meerabai

ITAT Permits CG Exemption After Legally Extinguished of Rights of Owners of Property Transfer

The Chennai bench of the Income Tax Appellate Tribunal (ITAT) ruled in favour of granting the capital gain exemption, stating that the transfer of property is considered complete only after the owners’ rights have been extinguished. In the relevant financial year 2005-06, which pertains to the assessment year 2006-07, the assessee Rajamanikam Meerabai sold a […]

Hyderabad ITAT's Order for Smt. Madhu Devi

ITAT Hyderabad: Flat Ownership for at Least Three Years is Needed to Claim LTCG

Without owning flats for at least three years the long-term capital gain could not be claimed, the Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. PCIT is been justified in invoking the provisions of Section 263 of the IT (Income Tax) Act. as the taxpayer without holding the 7 flats for three years from […]

Delhi HC's Order for Star Publishers Distributors

Delhi HC Permits GST Refund Based on Shipping Documents in Case of Rejection

The Delhi High Court has granted the refund of the Input Tax Credit (ITC) under Goods and Service Tax (GST) based on the shipping bill and invoices while overturning the rejection of the ITC refund claim. The petitioner, Star Publishers Distributors, contested “the impugned order,” which dismissed the petitioner’s appeal against the refund rejection order […]

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 […]

New GST Changes Effective from 1st Oct 2023

Summary of Latest GST Changes Effective from 1st Oct 2023

In this post, we have discussed the recent GST changes effective from the 1st of October 2023. Sections 137 to 162 of the Finance Act, 2023 (the FA,2023) (except Sections 149 to 154) wef October 01, 2023 vide Notification no. 28/2023-Central Tax dated July 31, 2023. From August 01, 2023 Sections 149 to 154 of […]

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