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Search results for: Section 74

Mumbai ITAT's Order for V.K. Patel Securities Pvt. Ltd.

MB ITAT: No Defect Notice by CPC If Business Receipts Below Threshold Limit U/S 44AB of the IT Act

The Income Tax Appellate Tribunal (ITAT), the Mumbai bench ruled that the number of aggregate business receipts was below the threshold limit of Rs. 1 crore specified under Section 44AB of the Income Tax Act, 1961 for account audit. Therefore, the panel repealed the defect notice in question and the return filed by the assessee […]

Bombay HC's Order for Arvind Sahdeo Gupta

Bombay HC Invalidates a Tax Notice, Seeking to Reopen an Assessment Based on Incorrect Details

The Bombay High Court has cancelled a notice of income tax asking for a reopening of the assessment on the wrong facts. The applicant, Arvind Sahdeo Gupta. The challenge seeks in the writ petition is to the notice issued via the Income Tax Officer Ward under Section 148 of the Income Tax Act, 1961. An […]

IT Department Seeking More Time for International Cases

Center Dept Demands Additional Time to Handle Pending International Cases

The taxman is seeking to avail more time because there are large numbers of cases that are still in consideration related to international taxation and contentious transfer pricing matters. The tax tribunal, a quasi-judicial authority, has been requested to postpone ongoing hearings concerning these cases until the Supreme Court concludes. This request was conveyed through […]

GST Exemption and Royalty for National Highway Projects

Kerala Govt: Centre to Examine GST Exemption, Royalty for Highway Projects

The financially strapped Kerala government intends to request that the Central government consider waiving the royalty on earth/boulders and refunding the State Goods and Services Tax component for the National Highway projects in the state—the Ernakulam Bypass and Kollam-Shenkottai NH. The State has already asked the Centre to waive the proposed 25% State share of […]

AP HC's Orders for Thirumalakonda Plywoods

AP HC: GSTR-3B Late Filing Can’t Delay GST Credit Claiming Process U/S 16(4)

The High Court of Andhra Pradesh for the case of Thirumalakonda Plywoods Vs. The Assistant Commissioner would incorporate three crucial observations: (i) Point No.1: The time limit specified to claim input tax credit (ITC) U/s 16(4) of APGST Act/CGST Act, 2017 is not violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India. […]

Delhi High Court's Order for Kritika Agarwal

Delhi HC: No Cancellation of a GSTIN on the Mere Instructions of Different Authority

The High Court of Delhi in the case of Kritika Agarwal Vs. Union of India and ORS. has ruled that GST Number cannot be cancelled just on the grounds of the direction of another authority. The petitioner is primarily aggrieved over her GST Registration cancellation. The petitioner has also requested reimbursement of Rs. 20,00,000 (Rupees […]

Delhi HC's Order for M/s Metal Edge

Delhi HC: GST Officials to Review GSTIN Cancellation Order as Not Issued by Authorized Officer

The Delhi High Court Division Bench, in a Goods and Services Tax (GST) registration cancellation petition, ordered the petitioner to get a re-examination from authorities. The petitioner a sole proprietor of M/s Metal Edge, challenged a decision where the petitioner’s GST registration was cancelled. The petitioner asserted that respondent no. 1 (Sales Tax Officer Class […]

Gujarat High Court's Order for Nirajkumar Nareshkumar Lakhyani

Gujarat HC: Assessee Can Pay Pending GST Liabilities in Installments

The Gujarat High Court overruled the Adjudicating Authority’s ruling and allowed an assessee to pay their tax debt in instalments, therefore releasing the provisional attachment of the taxpayer’s bank account. The aforesaid order which Justice NV Anjaria and Devan M Desai delivered would come in response to the special civil application in which the applicant […]

Delhi ITAT's Order for M/s. Candor Gurgaon Two Developers & Projects Pvt. Ltd.

Delhi ITAT: Rental Income from Car Parking is Deductible U/S 80IA of I-T Act

The Income Tax Appellate Tribunal (ITAT), the Delhi bench, has held that income derived from car parking is liable for deduction under Section 80IA of the Income Tax Act 1961. The assessee, Candor Gurgaon Two Developers & Projects Pvt. Ltd. is engaged in the business of developing SEZ in the IT/ITES Sector and lease-out the […]

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