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Search results for: Section 74

Recent High Court Cases Regarding Belated GST Return Filing

An Analysis of Court Cases on Belated GST Return Filing

The Indian government enacted the Goods and Services Tax Act on March 29, 2017, which took effect on July 1 of the same year. This act stands as the singular domestic indirect tax law applicable across the country, known as the Goods and Services Tax (GST). GST is a comprehensive tax imposed on both goods […]

MP HC's Order for Jhansi Baran Pathways Pvt. Ltd

MP HC Removes Reassessment Proceedings Under 148A(D) For Amalgamated Entity

The reassessment proceedings executed against the non-existent/amalgamated entity under Section 148 A of the Income Tax Act have been cancelled by the Madhya Pradesh High Court stating that despite being available the other remedy has no bearing on the same cases when the entity has stopped to exist under the amalgamation. There is no independent […]

Chennai ITAT's Order for Trimex Industries Pvt. Ltd

Chennai ITAT: Compensation Payments Are Not Considered Interest U/S 194A for TDS Deduction

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has made a ruling stating that payments made in a compensatory nature should not be considered as interest for the purpose of tax deduction at source (TDS) under Section 194A of the Income Tax Act, 1961. The Assessing Officer (AO) had noticed in the tax […]

Kerala HC's Order for M/s Brothers Trade Links

Kerala HC Instructs to Approach Appellate Authority for Rectifying Errors in the GSTR 3B

The Kerala High Court has issued a directive in a writ petition, instructing the petitioner, M/s Brothers Trade Links, to approach the appellate authority under Section 107 of the Goods and Services Tax Act, 2017 (GST Act), seeking permission to rectify an error in Form GSTR-3B. The petitioner, M/s Brothers Trade Links, approached the court […]

Tax Dispute Settlement Scheme

All About Tax Dispute Settlement Scheme (Vivad se Vishwas Bill)

The Union Finance Minister Nirmala Sitharaman has proposed the Vivad Se Vishwas Scheme 2024 for settling disputes of income tax pending appeal. The Finance Minister suggested that the monetary limit for filing of appeals to Tribunals, High Courts, and Supreme Courts by the tax authorities concerning direct tax, excise, and service tax has been increased […]

Ahmedabad ITAT's Order for Shubh Infra JV

ITAT: TDS U/S 194C Should Not be Applicable Due to Purchase Expenses Reported Under Head Contract Expenses

The Income Tax Appellate Tribunal (ITAT) in Ahmedabad, in a recent ruling, determined that Tax Deduction at Source (TDS) under Section 194C of the Income Tax Act, 1961, should not be applicable to purchase expenses that were categorized as “contract expenses.” The taxpayer in question, Shubh Infra JV, operates as an Association of Persons (AOP) […]

Madras HC's Order for Tvl.Diamond Shipping Agencies Private Limited

When The GST Department Fails To Serve The Assessment Order, It Is Void

The Madras High Court (Madurai Bench) recently made a significant ruling in the case of M/s. Tvl. Diamond Shipping Agencies Pvt. Ltd. vs. Assistant Commissioner, Tuticorin [W.P. (MD) 6874 of 2023 dated August 29, 2023]. The court approved the writ petition and ruled that an assessment order cannot be issued without serving proper GST notice […]

Gujarat GST Dept Sends 20K Notices to Developers Regarding Expenses

Gujarat Govt Sends Out 20K Notices to Real Estate Developers Seeking Clarification

Recently, the State GST department sent out almost 20,000 notifications to a range of taxpayers from different industries, concentrating primarily on real estate developers, requesting explanations regarding their expenses during the 2017–18 fiscal year. GST authorities claim that this scrutiny is a result of the lack of a reliable mechanism to track suppliers’ compliance with […]

Delhi HC's Order for Azure Retreat Pvt Ltd

Delhi HC Permits Travel Expenses as It is Related to Business and Not Personal by Directors

The Delhi High Court has ruled that the directors’ travel expenses were incurred for business purposes of the company. In this case, the bench of Justice Rajiv Shakdher and Justice Girish Kathpalia observed that there was no evidence presented by the Assessing Officer (AO) to establish that these expenses were of a personal nature. Consequently, […]

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