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Search results for: Section 74

Kerala HC's Order for Carpenters Classics India Pvt. Ltd.

Kerala HC: Legal Detention of Goods, Adherence to Rule 138A Under GST Confirmed

The Kerala High Court in a ruling addressed the legal dispute between Carpenters Classics India Pvt. Ltd. and the Assistant State Tax Officer, concentrating on the complexity of GST compliance and the procedural necessities for the transportation of goods across state lines. This case specifies the enforcement of GST regulations, the business’s responsibilities in generating […]

Delhi ITAT's Order for Ms Sarita Gupta

Delhi ITAT: Capital Gains Deduction Will Not Be Refused for Failure to Deposit in the CGAS

The Delhi bench of the ITAT recently made a significant ruling. It said that individuals can claim deductions for capital gains, even if they haven’t deposited into a capital gain account scheme. The case involved assessee, Sarita Gupta, a resident individual, of whom information was received by the Assessing Officer that the assessee’s dad sold […]

No Interest Liability If Balance in ECL for Delayed GSTR 3B Filing

Late GSTR 3B Filing: No Interest Liability If ECL Balance

Section 50 of The CGST Act was revised to furnish that there would be no interest obligation on late filing of GSTR-3B to the extent of the balance in The Electronic Credit Ledger, the Courts in the following and other cases ruled that interest was subjected to be paid even after there was balance in […]

Delhi ITAT's Order for Sh. Sunil Ghorawat

ITAT Delhi: No TDS Deduction on Consultancy Charges U/S 194J as Service Tax Not Above INR 30K

The Income Tax Appellate Tribunal (ITAT) in Delhi recently noted the requirement of Tax Deducted at Source (TDS) following Section 194J of the Income Tax Act, 1961. The ITAT bench noted that if the payment for consultancy services, excluding the service tax, does not surpass Rs. 30,000, there is no obligation to deduct TDS. The […]

GST AAR's Order for Spandana Rehabilitation Research and Training Centre Private Limited

AAR: Nursing and Psychology Training Services Don’t Come Under Healthcare, GST Can’t Be Exempted

Fees collected from nurses and psychologists for ‘imparting practical training’ are levied to GST, Karnataka Authority of Advance Ruling (AAR) held. The bench of M.P. Ravi Prasad and Kiran Reddy T. has marked that ‘healthcare services’ can be described as a service via diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy. The […]

GST Authorities Send Tax Notices Related to ITC Discrepancies U/S 150

Tax Officials Send GST Notices to Businesses Regarding ITC Discrepancies U/S 150

GST council has sent notices to numerous businesses for the peculiarities in their claimed input tax credit (ITC). It arrives post-investigation of the ITC through these firms, which revealed differences between their annual returns. Under Section 150 of the CGST Act of 2017, the notices were issued that needed the assessees to provide a detailed […]

Kerala HC's Order for Metalex Agencies

Kerala HC Rejects Petition Seeking Legal Remedy for Transitional Claim Credit Under GST Act

The Kerala High Court dismissed the petition on the problem of Claim of Transitional Credit as the taxpayer could claim the legal Remedy under the Kerala State Goods and Service Tax ( KSGST/CGST ) Act, 2017 Mr Shameem Ahamed appeared for the petitioner, Ms Jasmine M. M., Government Pleader for the 1st respondent and Mr […]

Calcutta High Court's Order for Mohammad Shamasher

Calcutta HC: No Pending Payable Taxes, Won’t Get Punished U/S 129 of the GST Act

Introduction For CGST– the Calcutta High Court In a significant legal development directed the pivotal judgment for the case of Mohammad Shamasher vs. State of West Bengal & Ors., challenging penalties imposed under Section 129 of the State Goods and Services Tax (GST) Act. This case is about the detention of an escalator machine (JCB) […]

Allahabad High Court's Order for M/S Falguni Steels

Allahabad HC: No Penalty U/S 129 of GST Act on Technical Errors That Do Not Involve Any Financial Implications

Only technical errors under tax laws without any financial implications must not be the foundations for the imposition of penalties, the Allahabad HC stated. When dealing with the case of goods not accompanying the e-way bill, Justice Shekhar B. Saraf stated. “Mere technical errors, without having any potential financial implications, should not be the grounds […]

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