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Search results for: section 54

Rajasthan GST AAR's Order for M/s Build Layer Constructions

Rajasthan GST AAR: Subcontracted Labour Under PMAY Not Eligible for Tax Exemption

The petitioner is Build Layer Constructions, with address 1b58, Vinayak Sadan, Ground Floor, Housing Board, Pali – 306401, Rajasthan. The petitioner is registered for GST, containing GST registration No. 08AATFB8617M1ZO in the State of Rajasthan. The petitioner has applied for an Advance Ruling. If the statutory decision of the advance ruling, anyone disagrees, then they […]

Mumbai ITAT's Order in The Case of Sudhir Dayalal Mistry vs. Asst. Commissioner of Income Tax Officer

ITAT Mumbai: No Addition for 26AS-Sales Mismatch Caused by Client’s Double TDS Deduction

An addition cannot be made solely based on a mismatch between sales reported in the books and the figures in Form 26AS, particularly when the discrepancy arose due to double deduction of Tax Deducted at Source (TDS) by the client, Wockhardt Hospitals Ltd (WHL), the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has […]

Pune ITAT's Order in The Case of Ram Refrigeration & Electronics Pvt. Ltd. vs. ITO

ITAT Pune Quashes Late Fees U/S 234E for TDS Returns Filed Before June 2015

The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has removed the late fees levied under Section 234E of the Income Tax Act, 1961, for the delayed filing of quarterly Tax Deducted at Source (TDS) returns before June 2015. Ram Refrigeration & Electronics Pvt. Ltd., a private corporation, has filed an appeal against the […]

SC's Order in The Case of Union of India & ANR vs. M/S Yasho Industries LTD

Supreme Court Upholds Use of ECL for Mandatory 10% Pre-Deposit in GST Appeals

In the country, there would be implications for the businesses, the Supreme Court kept a Gujarat High Court decision that permits the companies to makes obligatory 10% pre-deposit through the Electronic Credit Ledger (ECL), which includes accumulated input tax credit (ITC), for filing an appeal under the Goods and Services Tax law. In the case […]

Allahabad HC's Order In Case of M/s Reliable Trading Company vs. Joint Director DGGI Zonal Unit

Allahabad HC: Fraudulent GST ITC Claims Without Actual Supply Covered U/S 74 of CGST Act

Claiming input tax credit under the Goods and Services Tax without the actual supply of goods or services from a non-existent firm falls within the ambit of Section 74 of the Central Goods and Services Tax Act, 2017, the Allahabad High Court has ruled. A writ petition was dismissed by the court contesting the Show […]

Delhi HC's Order for in The Case of M/S Mahesh Fabrinox PVT. LTD vs. Union of India & ANR

Delhi High Court Slams Misuse of Writ Petitions in Fraudulent ITC Cases Under GST

The Delhi High Court has strongly criticised the recurring trend of individuals who either fraudulently claimed Input Tax Credit (ITC) or facilitated such claims, and then sought to challenge penalty orders under Section 74 of the CGST Act, 2017, by misusing the Court’s writ jurisdiction on technical grounds. A division bench of Justices Prathiba M. […]

Delhi HC's Order In Case of Shri Sai Ram Enterprises Vs. PR. ADG, DGGI, Gurugram & Anr

Delhi HC Orders Unblocking of GST Credit Ledger After One-Year Lapse, Cites Rule 86A

The Delhi High Court ordered the unblocking of an enterprise’s electronic credit ledger after one year since its initial blocking. In doing so, a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta mentioned Rule 86A of the CGST Rules, 2017, which specifies the conditions of use of the amount available in the […]

Ahmedabad ITAT's Order In The Case of Parag Dave V/S Deputy Commissioner of Income Tax

Ahmedabad ITAT Rejects Tax Deduction Claim for Donation to Unapproved Scientific Authority

The ITAT Ahmedabad bench set aside the taxpayer’s deduction claim for a donation made to an unapproved scientific authority in a recent ruling. Parag Dave, the taxpayer, has the business of testing soil, building materials, conducting survey work, etc. The taxpayer on 26.09.2017 has submitted his income return specifying a total income of Rs 56,55,070. […]

Ahmedabad ITAT's Order in The Case of Amit Hasmukhbhai Shah vs. Income Tax Officer

ITAT Ahmedabad Restores Reassessment Case, Citing AO’s Failure to Consider Evidence on Cash Deposits

A reassessment case has been reinstated by the Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT). This decision highlights that the Assessing Officer (AO) did not consider the documentary evidence provided by the taxpayer regarding cash deposits totalling Rs 15.88 lakh. The taxpayer, Amit Hasmukhbhai Shah, is involved in a case that has been reopened […]

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