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Search results for: tax refund

Bombay HC's Order in The Case of Credit Agricole CIB Services Private Limited vs. The Union of India & Ors.

Bombay HC: GST Refund Rejection Without Hearing Violates CGST Rules 92(3) and Principles of Natural Justice

It was cited by the Bombay High Court that the rejection of the refund order has passed without hearing the chance that breaches rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain marked that “……in any event, proviso to Rule 92(3) of the […]

SC's Order in the Case of Institute of the Francsican Missionaries of Mary and Others vs. Union of India

SC: The Law is Common for Everyone; Income Tax Must Be Deducted on Salaries Paid to Christian Nuns

The Apex court dismissed 93 appeals contesting the application of the Tax Deduction at Source (TDS) on the salaries furnished to the nuns and priests of the Catholic Church who are working as teachers in aided institutions. The bench, which included Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, was […]

GST Officers Unveil INR 25K Cr Tax Evasion by 18,000 Fake Companies

GST: Tax Authorities Disclose INR 25K Cr Tax Evasion Due to False Tax Credit Claims

It was discovered by the GST officers that nearly 18,000 bogus companies have been evading taxes of around Rs 25,000 crore. By claiming the tax benefits without performing the real business these companies were being made merely to cheat the Goods and Services Tax (GST) system. This investigation which ran from August 16 to the […]

Kerala HC's Order in the Case of Thottungal Padmanabha Das Sujith vs. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax

Kerala HC Rejects Tax Reassessment Order After Assessee Was Given Only 3 Days to Respond to SCN

An order was set aside by the Kerala High Court in reassessment proceedings that were furnished without furnishing the taxpayer a chance to answer to the show cause notice. The Bench of Justice Gopinath P. marked that “the show cause notice was issued on 12-03-2024, giving only three days’ time to the assessee to respond, […]

A More User-Friendly ITR Portal 3.0 Will Go Live Soon

New Income Tax Returns e-Filing Portal 3.0 Will Be Available for Practice Soon

For income tax, the online e-filing ITR portal will be processed with a revamp via substantial amendments effective for taxpayers. The tax department’s internal circular which is not publicized dated October 8, 2024, expressed, “The operations phase of the existing Integrated e-filing and Centralised Processing Centre (IEC) 2.0 is coming to an end and the […]

Brief Summary of New Tax Form 12BAA

Understanding New Tax Form 12BAA: Structure & Benefits

The Central Board of Direct Taxes (CBDT) has introduced a new tax form 12BAA specifically designed for the disclosure of non-salary income and the inclusion of information on Tax Collected at Source (TCS). What is the New Tax Form 12BAA? The Form 12BAA is the statement that depicts the particulars for the objective of sub-section […]

Kerala HC's Order In The Case of Ayyappan Pillai vs The State Tax Officer

Kerala HC: If an Assessee Fails to Submit a Sales Report for Tax Evasion, Section 74 Must Be Applied

It was mentioned by the Kerala High Court that the provision of section 74 of the CGST Act can be invoked if the taxpayer fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under […]

MP HC's Order In Case of Birla Corporation Limited Vs Principal Commissioner of Income Tax

MP HC: Non-functionality of Income Tax TRACES Portal Cannot Be Used to Deny the Assessee’s Benefit

The Madhya Pradesh High Court has stated that the non-operation of the Income Tax Department’s TRACES Portal cannot justify refusing an assessee the benefits provided under the Income Tax Act of 1961. A division bench of Justices Vivek Rusia and Anuradha Shukla carried that an assessee’ TDS refund cannot be rejected only on the ground […]

Jammu and Kashmir HC's Order in the Case of Hallmark vs. GST Department Assistant Commissioner

J&K HC Voids Deficiency Memo; GST Refund Limitation Commences From Original Application Date, Not Follow-Up

It was held by the Jammu and Kashmir and Ladakh High Court that the time limit for GST refund is to be decided from the date the original application is filed by the taxpayer, and not from the date of the follow-up application. The applicant is a garment manufacturer and is been issued a memo […]

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