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Madras High Court Order in The Case of Tvl. Bernard Karuthudaiyan vs. The Deputy State Tax Officer

Madras HC: Belated GST Return Filing Automatically Nullifies Sec. 62 Assessment

The Madurai Bench of the Madras High Court has determined that a best judgment assessment issued to a non-filer under Section 62 of the Tamil Nadu Goods and Services Tax Act, 2017, is automatically withdrawn upon the submission of a valid return by the registered taxpayer, regardless of whether this submission occurs beyond the stipulated […]

Madras HC's Order In Case of M/s.A.S.R Constructions vs The State Tax Officer

Madras HC Directs STO to Review ITC and Interest on Delayed GST Payment

The Madras High Court referred the case back to the State Tax Officer (STO) and provided directions for recalculating interest and reviewing Input Tax Credit (ITC) claims. An order dated 25.02.2025 passed by the State Tax Officer, Bhavani Assessment Circle, Erode, has been challenged by A.S.R. Constructions (applicant). This order confirmed part of the demand […]

J&K HC's Order in Case of Zakir Hussain vs. Union of India

J&K HC: Late SCN Responses Must Be Considered Before Making GST Demand

The High Court of Jammu & Kashmir and Ladakh, in a ruling, has stated that tax authorities need to acknowledge the late responses to the SCNs before passing the final orders under the GST Act, outlining the norms of natural justice, and set aside the Goods and Services Tax (GST) demand made. Zakir Hussain, who […]

Delhi ITAT's Order in The Case of Venkateswarlu Chandu vs. DCIT

Delhi ITAT Deletes Addition U/S 69C on Credit Card Payments from Agricultural Income

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) reversed an addition of Rs. 9.99 lakh that had been made u/s 69C of the Income Tax Act, 1961. This addition was related to cash payments made for credit card bills, which were initially classified as unexplained by the tax authorities, citing them as derived […]

Bombay HC's Order in The Case of The Commissioner of Income Tax vs Dr. Balabhai Nanavati Hospital

Bombay HC: Payments to Consultant Doctors Not Considered Salaries, Subject to TDS U/S 194J

The Bombay High Court has clarified that payments made to consultant doctors do not qualify as salary if there is no fixed pay established. Consequently, these payments are subject to Tax Deduction at Source (TDS) under Section 194J of the Income Tax Act, 1961. The Appellant, which is the Revenue, has filed a challenge against […]

Hyderabad ITAT's Order in the Case of Supujita Adivsory and Consultancy (OPC) Private Limited vs. The DCIT

Hyderabad ITAT Waives Section 234E Late Fees for Delayed Quarterly TDS Filings

The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) has exempted late fees imposed under Section 234E of the Income Tax Act, 1961, for the delayed filing of quarterly TDS (Tax Deducted at Source) returns. As per the Tribunal, when the taxpayer has deposited TDS with applicable interest, submitted all the pending quarterly returns […]

Mumbai ITAT's Order in the Case of Manisha Kiran Temkar vs ACIT

ITAT Mumbai: No TDS on Payments to Foreign Agents for Services Rendered Outside India

The ITAT Mumbai Bench has ruled that payments made to foreign agents for services provided entirely outside of India do not need to be taxed in India. As a result, businesses are not required to deduct TDS from these payments. The taxpayer, Manisha Kiran Temkar, was in the international merchant trade under the name M/s. […]

Delhi HC's Order in The Case of The Commissioner of Income Tax vs. XIOCOM (NZ) LTD

Delhi HC: Payments for Foreign Software Use Not ‘Royalty’; No TDS Required

The Delhi High Court has confirmed that payments by Indian companies to foreign entities for the resale or use of computer software are not classified as royalty. In a significant ruling, Justices V. Kameswar Rao and Vinod Kumar concluded that the Indian entity bears no obligation to tax deducted at source (TDS) in these circumstances. […]

Patna HC's Order in The Case of M/S Sai Steel vs. The State of Bihar

Patna HC: GST Refund Limitation to Be Computed from Date of Correct Tax Payment

The limitation for GST refund claimed under the wrong head ceases to apply from the date of correct payment, the Patna High Court has ruled. After reading Section 77 of the CGST Act, 2017, read with Section 19 of the IGST Act, Justices Rajeev Ranjan Prasad and Shailendra Singh viewed that the date of counting […]

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