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Search results for: Section 74

Delhi ITAT's Order for Zile Singh Kashyap

Delhi ITAT Removes Tax Penalty, Not Completed Basic Condition U/S of 271(1)(c)

The Income Tax Appellate Tribunal (ITAT), Delhi bench, in response to an appeal, after finding that the basic condition as specified under Section 271(1)(c) is not fulfilled, removed the penalty being levied by the Revenue. The Delhi ITAT made the decision when an assessee filed an appeal regarding the directive against the order dated 15.11.2019 […]

Calcutta HC's Order for Dynasoure Concrete Treatment Private Limited

Calcutta HC: Submit Affidavit as GST Officials Didn’t Find Authority to Rectify Service Recipient’s GSTIN

A single bench of the Calcutta High Court ordered the respondent Goods and Services Tax Network (GSTN) authorities to submit an affidavit concerning the confusion of updating the Goods and Services Tax Identification Number (GSTIN) of the service applicant in the Goods and Services Tax Portal (GST Portal). The Justice Md. Nizamuddin panel noted that […]

Kerala HC's Order for Prodair Air Products India Pvt Ltd

GST: Kerala HC Rejects Penalty Based on the Existence of Taxable Events

The case of Union of India and Another v. State of Haryana and another is been witnessed by the Kerala High Court which stated that the existence of the taxable event would be fundamental to impose the GST. Therefore the bench set aside the penalty orders. A division bench of Justice Jayasankaran Nambiar and Justice […]

Mumbai ITAT's Order for M/s. Babulal Hajarimalji Jain

ITAT Mumbai: 6.5% Gross Profit Charged on Fake Purchases

The AO is directed to charge a 6.5% gross profit rate on bogus purchases by the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) in its judgement. The two-judge panel, comprised of Kuldip Singh (Judicial Member) and Gagan Goyal (Accountant Member), has noted that the AO and CIT (A) made the entire inclusion based […]

Orissa HC's Order for M/s. OMJAY EV LIMITED

Orissa HC Orders GST Refund on Claimed Amount Over Inputs of EV

With respect to the GST input tax credit refund claimed on the inputs of electric vehicle manufacturing, the Orissa high court filed a writ petition before it rendered the refund of the balance claim amount. The stated observation was incurred by the Orissa High Court when the writ petition was furnished before it via the […]

Jodhpur ITAT'S Order for Smt. Bhawna Nagori

Jodhpur ITAT: Belated ITR Can’t Be Filed After Deadline Under I-T Act

The late return could not get submitted post lapse of 1 year from the finish of the assessment year (AY), the income tax appellate tribunal (ITAT), Jodhpur Bench. The stated observation was made by the Jodhpur ITAT at the time when the petition was preferred before it via the taxpayer as against the order of […]

Gujarat GST AAR's Order for M/s. Cadila Pharmaceuticals Ltd

Gujarat AAR: Amount Deduction from Employees Profiting Food Not Considered Under GST Supply

The Gujarat Authority for Advance Ruling (AAR) ruled that support in deduction made by the applicant from workers who get food at work would not be regarded as a “supply” under the GST Act. The applicant would receive the input tax credit (ITC) on the GST collected by the service provider of the cafeteria facilities […]

Chennai ITAT's Order for M/s. Pallava Textiles Private Limited

ITAT Chennai: Disallowance Made On Estimate Basis Cannot Result in Tax Penalty U/S 270A

Recently, an appeal was filed by the Chennai Bench of the Income Tax Appellate Tribunal (ITAT). The bench appealed, arguing that when disapproval is made on an estimated basis, an income tax penalty cannot be imposed under Section 270A of the Income Tax Act, 1961. The study and analysis of the scenario were conducted by […]

Delhi High Court's Order for Bansal Steels

Delhi HC Revokes Order Stopping to Rectify Application of GST Registration Cancellation

Delhi High Court for a particular case revealing the GST registration has cancelled the order issued in non-consideration of the revision application for clear error. The applicant Bansal steels have furnished the writ petition by hoping that within the respondent the rules to be provided in order to amend the cancellation order of the applicant’s […]

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