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Search results for: section 54

Supreme Court's Notice for Gagandeep Singh

SC Issues Notice Regarding Requests to Challenge the Power of GST Officials to Arrest and Summon Individuals

On 25th August, the Supreme Court issued the notice for the two identical writ petitions that have been filed under Article 32 of the Constitution of India, contesting the constitutional validity of multiple provisions of the Central Goods and Services Tax Act, 2017 (CGST Act) including Section 69 (i.e., power to arrest), 70(1) (i.e., power […]

Delhi ITAT's Order for Abhishek Malhotra

Delhi ITAT: Different Refinement Applications for Many Intimations of Late Fees on Belated TDS Returns

The Income Tax Appellate Tribunal (ITAT) Delhi bench, filed a separate rectification application for several intimations related to different financial years for levying late fees on the basis of a belatedly filed Tax Deduction at Source (TDS) return. The taxpayer, Abhishek Malhotra is a practising advocate and filed TDS returns belatedly for distinct quarters in […]

AP HC's Order for M/s Arhaan Ferrous and Non-Ferrous Solutions Pvt. Ltd.

HC: Purchasers are Only Liable for Verifying that the Seller is Registered for GST on Portal

The assessee is simply accountable for proving that he legitimately acquired the goods from the supplier for a fair price after checking the supplier GST registration on the GST portal, held by Hon’ble Andhra Pradesh High Court in M/s Arhaan Ferrous and Non-Ferrous Solutions Pvt. Ltd. v. Deputy Assistant Commissioner [Writ Petition No.15481 of 2023 […]

Andhra Pradesh HC's Order for M/s S A Iron, and Metal

AP HC: Not Feasible to Make a Compulsory 10% Pre-deposit for Filing a GST Appeal If Bank Account is Attached

A pedantic viewpoint cannot be used to negate the party’s substantive right of appeal, which is established by legislation. In a significant ruling, the Andhra Pradesh High Court excused a delay of 25 days and highlighted that if the bank account is frozen, it is impossible to make the required 10% pre-deposit for submitting a […]

Out of 11.2 crore GSTR-1 e-Filings, 25,982 Grievances Have Been Raised

FM: Total 11.2 Cr GSTR 1 Returns Filed in FY 2022-23, Only 25K Tickets Generated

Regarding the issues of the portal, the assessees always have a concern, particularly when the last date is arriving. State Finance Minister Pankaj Chaudhary responded to questions posed by Lok Sabha MPs by emphasizing that the Goods and Services Tax (GST) system is a reliable IT infrastructure that has successfully implemented the GST legislation, regulations, […]

Allahabad HC's Order for M/S Bhawani Traders

Allahabad HC Deletes Penalty U/S 129(1)(b), Not Acceptable to Consider Goods Untraceable in Transit

The penalty order issued in Form MOU-09 under Section 129(1)(b) of the Goods and Services Tax Act, 2017 was cancelled by the Allahabad High Court considering the commodities in transit were accompanied by the tax invoice, e-way bill, and bilty. The bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava relied on the Allahabad High […]

CBIC GST Notification No. 07/2023 for Satellite Launching Services

GST Notification No. 07/2023 on Exemption for Satellite Launching Services

The Central Board of Indirect Taxes and Customs (CBIC) vide notification no. No. 07/2023- Central Tax (Rate) G.S.R. 540(E), No. 07/2023-Integrated Tax (Rate) G.S.R. 541(E), and No. 07/2023-Union Territory Tax (Rate) G.S.R. 542(E) issued dated 26th July 2023 has reported the revision of GST exemption on the launch of the Satellite Vehicles. On 11th July […]

Delhi ITAT's Order for Subhash Chand Gupta

ITAT: Explanation of Sales Income Can’t be Counted U/S 68 Unless It is Proven to be Invalid

The New Delhi bench of the Income Tax Appellate Tribunal (ITAT) has determined that income from sales cannot be added under Section 68 of the Income Tax Act, 1961 unless it is proven to be invalid. This decision was made in response to a case involving Subhash Chand Gupta, the respondent-assessee, who e-filed his income […]

Raipur ITAT'S Order for Jain Shwetamber Murtipujak Sangh

Raipur ITAT: Form 10B Filing Condone If Filed Prior to Due Date of ITR U/S 139

In a ruling, the Income Tax Appellate Tribunal (ITAT), Raipur bench has instructed the Income Tax Department to allow the delayed filing of Form 10B. However, the condition was provided by the bench that it should be filed before the “due date” of filing of return of income under Section 139 of the Income Tax […]

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