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Search results for: Section 74

Kerala HC's Order in The Case of M/s Tabasco Hindustan Infra Developers Private Limited vs. The Assistant Commissioner of Central Tax and Central

Kerala HC Upholds GST Penalty U/S 74, Cites Delay and No Jurisdictional Error

The High Court of Kerala has rejected a legal request that questioned a penalty under section 74 of the CGST Act, 2017. This penalty was given under a specific section of the laws governing GST. The court observed that the reasons provided by the petitioner, such as delays and issues with authority, were not valid […]

Kerala HC's Order in The Case of M/s. Annoor Dental College Perumattom vs. State of Kerala

Kerala HC Directs Adjudicating Authority to Respond to Taxpayer’s Reply U/S 74 of GST Act

The petitioner in the case of Maya Pradeep Kumar vs. Audit Officer approached the Kerala High Court challenging a show cause notice (Ext.P4) issued under Section 74 of the CGST/SGST Acts. The applicant claimed that they answered all audit queries in the process of the audit, the final audit report (Ext.P3) overlooked these submissions directing to the […]

Surat ITAT Order In Case on Jayeshbhai Becharbhai Chovatiya vs. ITO

ITAT Surat Slashes Section 69A Tax Addition from ₹72.8 Lakh to ₹2 Lakh, Citing Home Loan Credit & Cash Balance

The ITAT Bench in Surat, Gujarat reduced an individual’s additional tax assessment from ₹72,81,674 to just ₹2,00,000. This decision was made after recognizing the taxpayer’s home loan and the cash they had available. Jayeshbhai Becharbhai Chovatiya, a taxpayer, deposited Rs. 72,81,674 into three different bank accounts when certain high-denomination currency notes were no longer valid. […]

Mumbai ITAT's Order In the Case of Janak Texturisers Pvt. Ltd. vs. ITO

Mumbai ITAT Directs Rental Income from Factory Premises to be Assessed per Section 57 of Income Tax Act

Janak Texturisers Pvt. Ltd. (the assessee) has filed an appeal before the Income Tax Appellate Tribunal (ITAT) Mumbai against a reassessment order passed by the Joint Commissioner of Income Tax (CIT) for the assessment year (A.Y.) 2010-11. The issue concerns the validity of the reassessment notice under section 148 of the Income Tax Act and the assessing […]

Allahabad HC's Order In Case of M/S Integra Micro Systems Private Limited vs. State Of U.P.

Allahabad HC Quashes INR 2.11 Cr GST Demand Order U/S 74 Due to Lack of Hearing Details

Allahabad High Court, in Integra Micro Systems Private Limited vs. State of U.P., ruled in the taxpayer’s favour setting aside a GST demand order because of the procedural lapses. The case comprises a tax demand of Rs. 2.11 crore u/s 74 of the GST act emerging from an alleged incorrect Input tax credit (ITC) claim. […]

Kerala HC's Order In Case of The Deputy Commissioner vs. State of Kerala

Kerala HC: Article 226 Cannot Be Invoked Against GST SCN Issued U/S 74 at Preliminary Stage

The Kerala High Court has ruled that Article 226 cannot be invoked against a show cause notice issued u/s 74 of the CGST Act at a preliminary stage. “Article 226 of the Constitution of India is not meant to be used to break the resistance of the Revenue in this fashion. In the exercise of […]

Kerala GST Dept. Circular No. 3/2025 on Sections 73 and 74

Kerala GST Dept Issues Circular No. 3/2025, Clarifying Notices U/S 73 and 74

The Kerala government has issued GST Circular No. 3/2025, dated 20th January 2025, providing clarifications and instructions on the issuance of separate notices under Sections 73 and 74 of the Kerala SGST Act, 2017. Directives were issued in the past via Circular No. 06/2023 (dated 08-01-2023) and Circular No. 16/2023 (dated 09-10-2023) to give directions […]

Bombay HC's Order in the Case of Shantanu Sanjay Hundekari vs. Union of India

SC: Company Employees Not Liable for GST Penalty Under CGST Act Sections 122(1-A) and 137

The Apex Court of India ruled that the employees of Maersk Line India cannot be held liable for Goods and Services Tax (GST) penalties under Section 122(1-A) and Section 137 of the Central Goods and Services Tax Act, 2017 (CGST Act). The Apex Court of India furnished a decision in a Special Leave Petition furnished […]

An Easy Explanation of Section 61 of the CGST Act, 2017

Scrutiny of GST Returns Under Section 61 of the CGST Act

The Central Goods and Services Tax (CGST) Act, 2017, is a foundation of the Goods and Services Tax (GST) framework of India which ensures tax administration and compliance. Section 61 among distinct provisions plays a significant role in keeping the precision and clarity of tax filings. The same blog furnishes information about section 61, along […]

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