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Search results for: madras hc

Mumbai ITAT's Order In the Case of Yash Synthetics Private Limited V/S Assistant Commissioner of Income Tax

Mumbai ITAT Quashes Addition Due to Lack of Proof About Money Receipt from Seized Documents

The income tax addition of Rs. 1.61 crores has been deleted by the Mumbai Bench of Income Tax Appellate Tribunal (ITAT), because the seized documents lack information as to the date and mode of receipt of “on money.” The bench of Anikesh Banerjee (Judicial Member) and B.R. Baskaran (Accountant Member) has remarked that the entries […]

Uttar Pradesh GST AAR's Order for M/S Savfab Buildtech Private Limited

UP AAR: GST Applies to Sale of Residential Units, Classified as Services Not Immovable Property

The sale of residential units of the project is not a sale of immovable property but a sale of services and GST is subject to be levied. Once, the GDA rejects the Completion Certificate to the applicant, the Completion Certificate cannot be stated to be considered approved, Uttar Pradesh Authority for Advance Ruling (AAR) ruled. […]

Mumbai ITAT's Order In the Case of Sunil Amritlal Shah Vs.Income Tax Officer

ITAT Mumbai: Date of Possession Considered as Date of Acquisition of Property for Section 54 Deduction

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) stated that the date of possession of the new property is to be deemed as the date of acquisition and the taxpayer is entitled to deduction u/s 54 of the IT Act on the purchase of the new property. The bench of Raj Kumar Chauhan (Judicial […]

Decoding GST Section 16(4) with Court Rulings on ITC

Exploring GST Section 16(4) with Court Rulings on ITC

Section 16(4) of the Goods and Services Tax (GST) is the attractive provision permitting assessees to avail the ITC lessening the cascading effect that is in the VAT regime which came with the influential catches and setbacks levied in the form of the conditions to be fulfilled transferring the vested ITC nature to a conditional […]

Madras HC's Order for East Coast Constructions and Industries Ltd.

GST Portal Technical Problems May Lead to The Setting Aside of an Order

The Madras High Court, in the case of East Coast Constructions and Industries Ltd. v. Assistant Commissioner [W.P. No. 26457 of 2023 dated September 11, 2023], granted the writ petition, overturning the Impugned Order. The Court directed the matter back to the Appellate Authority, emphasizing that the Petitioner hadn’t received a fair chance due to […]

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 […]

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 […]

All Cases in High Court on GST Return Mismatch

Recent High Court Ruling on GST Return Mismatch Cases

The Goods and Service Tax (GST) Act was inaugurated at midnight on July 1, 2017. This legislation’s primary objective is to provide a framework for imposing and collecting taxes on the intra-state supply of goods or services, or both, by the central government and related matters. Under the GST Act of 2017, 13 distinct types […]

Madras HC's Order for Easwaran Brothers India Private Limited

GST: Two Options for the Dealer Either Select ITC Refund or Carry Forward

The Madras High court ruled, the dealer holds with 2 choices: refund or carry forward the Input tax credit to the GST regime. A single bench of Justice M. Sundar, the dealer could not be forced to choose one of the two i.e refunds or carry forward Input tax credit to the GST regime. The […]

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