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Search results for: section 54

A Simple Guide to Section 161 Under GST Law

Overview of GST Section 161 for Rectification of Errors

What is GST Section 161? Section 161 of the CGST Act, 2017 states the rectification of mistakes or errors that are recognized from the records. It mentions that the authority responsible for issuing decisions, orders, summons, notices, or certificates may rectify any mistake that is found in the records in such documents. These rectifications are […]

Allahabad HC's Order for M/S Desai Brothers Limited Ratanpur

HC: GST Refund Can’t Be Stopped Because Physical Application U/S 54 Has Been Filed

On the grounds of the physical application for the refund under section 54 of the UP Goods and Service Tax Act, 2017 read with Rule 97-A of the UP GST Rules, 2017, the Allahabad High Court recently directed the GST Department to refund the amount. The Department must pay interest on the reimbursement that was […]

Mumbai ITAT's Order for Zainul Abedin Ghaswala

ITAT Permits Deduction U/S 54F as Doesn’t Proof Assessee’s Ownership without Evidence

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has granted approval for a deduction under Section 54F of the Income Tax Act, taking into account that the assessee is not the exclusive owner of multiple residential properties used by other family members. According to the bench of judges, Kavitha Rajagopal and Om Prakash […]

ITAT Chennai & Pune Deny Tax Exemptions on Capital Gains

ITAT Chennai & Pune: No Tax Exemptions on Capital Gains U/S 54B

Recently, the Income Tax Appellate Tribunal (ITAT) disallowed capital gains tax exemptions on the sale of land in two separate cases heard by its Chennai and Pune benches. The cause was that no agricultural work had been done. A capital gain on the transfer of agricultural land may be exempt from taxation under section 54B […]

Instructions No. 06 of 2022 for Income Tax Refund u/s 254

Income Tax Instructions No. 06 of 2022 Related to Refund U/S 254

The Directorate of Income Tax (Systems) furnished the Instruction No. 06 of 2022 on November 28, 2022, to the Assessing Officers to answer for the intimation under tax section 245 issued by CPC, Bengaluru for a reduction in the time limit for furnishing the response to intimation under income tax section 245 by Assessing Officers. […]

Ahmedabad ITAT'S Order for Rasilaben Yogeshbhai Patel

ITAT: CG Exemption U/S 54 Permitted for Taxpayer If Once Accepted for Co-Owner

The ITAT Ahmedabad Bench stated that when exemption claimed on Long Term Capital Gain via a co-owner has been accepted, then Capital Gain Exemption under tax section 54 of the Income Tax Act,1961 is permitted for the taxpayer. The taxpayer was represented by Shri Parin Shah and the revenue was represented by Shri Atul Pandey. […]

Delhi ITAT's Order for Agricultural Land U/S 54B

ITAT: No Tax Exemption for CG U/S 54B for Wife’s Name Farming Land

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) ruled that the capital gain exemption beneath section 54B of the Income Tax Act, 1961 could not claim the agricultural land purchased in the name of the taxpayers’ wife. The taxpayer, Mr Karamvir, during the time of furnishing his return of income has claimed a […]

Delhi ITAT's Order for M/s. Plaza Cable Industries Ltd

Delhi ITAT Rejects Order As IT Section 147 Not Alternative to 263

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) ruled that Section 147 is not an option to Section 263 and suppresses assessment order u/s 147 with no jurisdiction. The petitioner, M/s. Plaza Cable Industries Ltd. furnished its ITR showing a loss of Rs.7,06,97,714 and the assessment was chosen for the investigation. Beneath section 143(3) […]

GST Refund Process in Input Services Case

GST Refund Claim on Input Services U/S 54 of CGST Act

As per the provisions of section 54 of the CGST act, no GST refund of the unlisted ITC will be permitted in cases other than the i. Zero-rated supply made without payment of tax; ii. In which the credit has been collected on the basis of the tax rate on the inputs more than the […]

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