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Search results for: immovable property

Ahmedabad NCLT's Order for Sunil Kumar Agarwal

NCLT Orders Dept to Refund Tax to the Particular Corporate Debtor; IBC Section 53 Supersedes 194-IA

The National Company Law Tribunal (NCLT) in Ahmedabad, India, recently made a decision. The bench comprised of Mrs Chitra Hankare (Judicial Member) and Dr Velamur G Venkata Chalapathy (Technical Member), stated that when a company is being liquidated, the income tax paid by the buyer in an auction should be considered as a recovery of […]

Delhi ITAT's Order for Sarita Gupta

Delhi ITAT: Section 54 Deduction Could’t Disallowed for Not Depositing LTCG In Capital Gain Account Scheme

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) clarified that failing to deposit long-term capital gains (LTCG) into a capital gain account scheme does not warrant disallowance of deduction under Section 54 of the Income Tax Act. Saktijit Dey (Vice President) and M. Balaganesh (Accountant Member) took a meticulous approach in addressing the matter. […]

GST Rate and Accurate HSN Code on Construction Services

Current GST Rate and HSN Code on Construction Services

The introduction of GST in construction services has wielded significant influence over the industry’s dynamics. Understanding the nuances of GST within construction work is pivotal for ensuring operational smoothness and financial astuteness. Typically, construction services are subject to an 18% GST rate, yet exceptions exist. Affordable housing projects incur a minimal 1% GST rate, while […]

Gujarat GST AAAR's Order for The Varachha Co-Op. Bank Ltd

Gujarat AAAR: No GST ITC for Electrical Fittings, Fire Safety and Air Conditioning Equipment

The central air conditioning plant, lift, electrical fittings, and fire safety extinguishers are immovable property and do not qualify for input tax credit (ITC), Gujarat Appellate Authority for Advance Ruling (AAAR) noted. The petitioner, M/s. The Varachha Co-Op. Bank Ltd., furnished that they are building a new administrative building and incurring the cost of distinct […]

Punjab & Haryana HC's Order for Nilam Mantri

PB & HR High Court Deletes the Order U/S 148a(b) and INR 10K Penalty on the Tax Dept

A fine of Rs. 10K was imposed by the High Court of Punjab and Haryana on the income tax department invalidating the order under Section 148A(d) of the Income Tax Act and the notice has also been issued following Section 148 of the Income Tax Act. The panel of Justice G.S. Sandhawalia and Justice Lapita […]

Deadlines for Claiming GST ITC and Reversal for FY 22-23

What to Do for Claiming GST ITC & Reversal for FY 22-23

Input Tax Credit (ITC) serves as a taxation mechanism, allowing businesses to offset taxes paid on inputs against the taxes due on their output. Essentially, it permits businesses to claim a credit for taxes paid on purchases, thereby reducing their overall tax burden. The limitations on Input Tax Credit (ITC) are detailed in GSTR-2B, Section […]

GST Section 85 Related to Business Transfer

An Overview of GST Liability U/S 85 for Business Transfer

GST Liability for Transfer of Business U/S 85 According to Section 85 of the tax law, if a person who is liable to pay tax under this Act transfers their business, either wholly or partly, through sale, gift, lease, hire, or any other means, both the person transferring the business and the recipient of the […]

Madras HC's Order for M/s. Caterpillar India Pvt. Ltd.

Madras HC: No Tax Recovery As Per Differences B/W GSTR 1 & 3B Without Following CGST Rule 88C

In the case of M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai [WP No. 28092 of 2023 dated September 25, 2023], the Madras High Court granted the writ petition, affirming that recovery based solely on variations between Form GSTR-1 and Form GSTR-3B is impermissible without adherence to the prerequisites outlined in Rule 88C […]

Over Rs 50,000 Cr is Likely to be Collected in FY24 by GST Action

Govt Anticipates Revenue from GST Action is Likely to Exceed Rs 50,000 Cr in FY24

In the current fiscal year, officials have informed that the Central government anticipates a recovery of over Rs 50,000 crore in evaded Goods and Services Tax (GST). This figure is more than double the recovery achieved in the previous fiscal year, FY23, potentially making it the highest annual tax recovery ever. As of now, during […]

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