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Search results for: section 54

Allahabad HC's Order for Malik Traders

Allahabad HC: For Claiming GST Credit, Petitioner Must Prove the Transaction’s Genuineness Beyond Any Doubt

The Allahabad High Court’s recent ruling stipulates that an assessee is ineligible to claim input tax credit unless they successfully demonstrate unambiguous proof of the actual transaction and the physical movement of goods. Referring to Sections 16 and 74 of the UP Goods and Service Tax Act, 2017, Justice Piyush Agrawal stated that “it is […]

Delhi ITAT's Order for Foundation Co. Canada Ltd

ITAT Delhi: Interest and FTS Income Earned from a Joint Venture Will Be Taxed U/S 195 as Per Order Passed by TDS Officer

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has determined that the Fee for Technical Service (FTS) and interest income received from the joint venture Indian company must be taxed by the directive issued by the Tax Deduction at Source Officer, as per Section 195 of the Income Tax Act, 1961. The taxpayer […]

Jodhpur ITAT's Order for Dinesh Infrastructure Private Limited

Jodhpur ITAT: Dept Can’t Charge Late Fees or Interest for TDS Based on the Intimation U/S 200A Before Amendment

The Income Tax Department lacks the authority to impose late fees and interest related to Tax Deduction at Source (TDS) as per the notification under Section 200A of the Income Tax Act, 1961, before the amendment of the law, the Income Tax Appellate Tribunal (ITAT), Jodhpur bench, has ruled. In this case, Dinesh Infrastructure Private, […]

Bangalore ITAT's Order for M/s. Bellary Iron-Ores Pvt. Ltd.

Bangalore ITAT: Interest Earned on FD is Exempt from Taxation Subject to CBI Obstructs Order

The Income Tax Appellate Tribunal (ITAT) Bangalore bench has ruled that no tax is payable on interest earned from fixed deposits subject to the CBI’s restraining order. The bench, comprising Madhumita Roy (Judicial Member) and Chandra Poojari (Accountant Member), has pointed out that the lower authorities made an error by including the interest from fixed […]

Tax Notice to Bajaj Allianz for Non-payment of GST

DGGI Issues Notice to Bajaj Allianz for Non-payment of GST on Insurance Premiums

On Tuesday, Bajaj Allianz received a show cause cum demand notice from the Directorate of GST Intelligence, amounting to ₹1,010 crore, for non-payment of GST on co-insurance and re-insurance premiums, as per the information disclosed by Bajaj Finserve, in a stock exchange filing. The company is expected to respond to this show cause cum demand […]

Madras High Court's Order for M/S.Sri Renga Timbers

Madras HC: Petitioner Wrongly Filed a GST TRAN-1 Form Twice Credit Can’t Be Rejected

The Hon’ble Madras High Court has set aside the order issued by the Adjudicating Authority in the case of M/s. Sri Renga Timbers v. The Assistant Commissioner (ST) (FAC) [W.P. No. 22854 of 2023, August 17, 2023]. The court affirmed that legally availed credit cannot be refused, even if there were errors committed twice in […]

Mumbai ITAT’s Order for Virendra Bhavanji

Mumbai ITAT: Right to Sue Damage Comes Under Tax-Exempt Capital Receipt

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that damage related to the right to sue is considered a capital receipt and is not subject to taxation. The bench, comprising Amit Shukla (Judicial Member) and Amarjit Singh (Accountant Member), observed that Section 6 of the Transfer of Property Act explicitly outlines […]

Calcutta HC's Order for Himangshu Kumar Ray

Calcutta HC: GST Authority Can’t Allocate Notice to Advoate in Place of the Assessee

On behalf of the taxpayer the advocate who is appearing should not be issued a notice by the GST department, Calcutta High Court ruled. Sections 126 and 129 of the Evidence Act protect the communications between a lawyer and a client that have been made at the time of employment of the lawyer, the bench […]

Income Tax Notification No. 65/2023 for Salaried Taxpayers

IT Notification No. 65/2023: Revised Rules for Employed Taxpayers W.E.F. 1st Sept

The Central Board of Direct Taxes (CBDT) has introduced modifications in the income tax regulations concerning the assessment of benefits related to employer-provided rent-free or discounted housing for employees. These amendments, effective from September 1, 2023, will result in reduced tax liability for employees receiving rent-free accommodations, which will be subject to higher take-home pay. […]

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