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Search results for: 74

Karnataka HC's Order in the Case of Kesar Colour Chem Industries vs. Intelligence Officer

Karnataka HC: ‘Self-ascertainment’ Recovery Under GST Section 74 Violates Article 265

The Karnataka High Court, voluntary determination by the taxpayer himself as regards the tax liability, is sine qua non for ‘self-ascertainment of tax’ under the CGST Act. The high court said that when the notice asked to be issued under section 74(1) it showed a new and complete adjudication and did not direct to a […]

Allahabad HC's Order In Case of M/S Anil Rice Mill v. State Of U.P. And 2 Others

Payment, GST Invoice, E-way Bill Insufficient to Prove Physical Movement of Particular Goods: HC Upholds Penalty U/S 74

It was ruled by the Allahabad HC that the production of tax invoice, e-way bill, GR, or payment details is not enough to show the actual physical movement of the transaction for the objective of claiming the ITC u/s 16 of the Goods and Service Tax Act, 2017. Section 16 of the Goods and Service […]

Ahmedabad ITAT's Order In Case of Swaminarayan Co-op. Bank Ltd. Vs The ACIT

Ahmedabad ITAT: AO Failed to Specify Tax Penalty u/s 274 and 271(1)(c)

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that the AO failed to specify whether the penalty was for concealment or inaccurate particulars in the notice issued under Section 274 and Section 271(1)(c) of the Income Tax Act. The bench of Suchitra Kamble (Judicial Member) and Makarand V. Mahadeokar (Accountant Member) has […]

New GST Section 74A

GST Section 74A to Address Tax Discrepancies & Incorrect ITC

To redefine India’s tax landscape, the Finance Minister’s Budget 2024 presentation in Parliament shows a game-changing addition to the GST framework. The updated section 74A changes GST compliance and enforcement in the country. Taxpayers, businesses, and tax professionals across India wish to learn about the implications of the same new section and what it demonstrates […]

GST Collection in June 2024

GST Revenue Collection Rises by 8% to ₹1.74 Lakh Cr In June 2024

In June the gross GST collection surged 8% to Rs 1.74 lakh crore. The government has stopped the official release of monthly GST collection data. Till now the gross Goods and Services Tax (GST) collection this fiscal (April-June) stood at ₹ 5.57 lakh crore, as per the report. The June collection is more compared to […]

Madras HC’s Order In Case of M/s.ABT Limited VS Additional Commissioner of GST & Central Excise

Madras HC: GST Act Section 65 Does Not Require to Show the Audit Report Fraud For Demands U/S 74

The Madras High Court explained that Section 65 of the Central Goods and Services Tax ( CGST Act ), 2017 does not need the audit report to show the ‘Fraud or Misstatement or Suppression of Facts’ for Demand u/s 74 under the GST Act. A single bench of Justice Senthilkumar Ramamoorthy remarked, that nothing is […]

Madhya Pradesh HC's Order for M/s Durge Metals

GST | Madhya Pradesh HC Cancels Vague Order Which is Passed U/S 74

The matter of Durge Metals versus the Appellate Authority and Joint Commissioner, State Tax, before the Madhya Pradesh High Court, is around the challenge to specific notices issued under the GST Act. The applicant challenged the sufficiency of the show cause notice furnished and the following actions carried via the counsel. The blog has the […]

Madras HC's Order for Balaji Electrical & Hardwares

Madras HC: If An Assessment Order Doesn’t Meet Conditions Defined in GST Section 74, It Is Considered Invalid

Delhi High Court in a judgment stressed the importance of complying with the statutory needs laid out in Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), in the case of Balaji Electrical & Hardwares Vs State Tax Officer (ST). The very ruling has set a precedent, assuring that the […]

Allahabad High Court's Order for M/S Veira Electronics Private Limited

Allahabad HC to CBIT, Extension of Time for Appealing Against Order U/S 73 and 74 Can Also Apply to Orders U/S 129, 130

The Central Board of Indirect Taxes, Ministry of Finance to acknowledge extending the advantage of time extension to file a petition under section 107(1) of the Central Goods and Services Act, 2017 to orders passed under Section 129 and Section 130 of the Act, Allahabad High Court rendered. On 2nd November 2023, the Central Board […]

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