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Search results for: Section 74

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

Patna HC Quashes Tax Demand, SCN U/S 74 Invalid as GST Returns Were Filed

The Patna High Court has quashed the tax orders against a contractor, holding that the show cause notice (SCN) issued under Section 74 of the GST Act, 2017, was invalid since he had already filed his GST returns and paid the taxes. Parvinder Singh, the applicant, has asked to quash the assessment order dated 15.01.2021, […]

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 […]

Calcutta HC's Order in The Case of Dharmendra Singh vs Deputy Commissioner of Revenue

Calcutta HC: Voluntary Tax Payment U/S 73(5) Cannot Be Treated as a Response to GST Notice U/S 74

The Calcutta High Court recently issued a ruling regarding the treatment of voluntary tax payments under the Goods and Services Tax (GST) framework. The court determined that the GST department acted improperly by considering a voluntary GST payment made under Section 73(5) of the CGST Act as a reaction to a show cause notice under […]

Madras HC's Order In Case of Tvl.Evershine Industries vs The Assistant Commissioner

Madras HC Quashes GST Orders Issued U/S 73 and 74 Without Proper Hearing on 10% Pre-Deposit Instead of 25%

GST ( Goods and Services Tax ) orders have been set aside by the Madras High Court, which was issued under Sections 73 and 74 of the GST Act without furnishing a proper hearing opportunity on a 10% pre-deposit instead of the mandatory deposit of 25%. Tvl. Evershine Industries, the applicant, has cancelled its GST […]

Madras HC's Order In Case of Tvl Skp Readymix vs Commissioner of Commercial Taxes

Madras High Court Quashes GST Demand Order U/S 74 for Lack of Independent Reasoning

The Madras High Court has withdrawn a demand order related to the GST Act, 2017. The court discovered that the order just repeated the assessee’s answer without offering its investigation or argument. This lack of separate evaluation was a key basis for the court’s judgment to set aside the order. Tvl. SKP Readymix has furnished […]

Orissa HC' Order in The Case of Society for Training Action Research vs. Central Board of Direct Taxes

Orissa HC: Section 12A Exemption Can’t Be Denied Solely for Delay in Submitting Audit Report

The Orissa High Court ruled that the benefit of the exemption claim under Section 12A of the Income Tax Act, 1961, should not have been rejected solely on the ground of delay in filing the audit report. The Society for Training Action Research filed a petition challenging the ruling that dismissed its request for condonation […]

Allahabad HC's Order In Case of M/s Reliable Trading Company vs. Joint Director DGGI Zonal Unit

Allahabad HC: Fraudulent GST ITC Claims Without Actual Supply Covered U/S 74 of CGST Act

Claiming input tax credit under the Goods and Services Tax without the actual supply of goods or services from a non-existent firm falls within the ambit of Section 74 of the Central Goods and Services Tax Act, 2017, the Allahabad High Court has ruled. A writ petition was dismissed by the court contesting the Show […]

Bangalore ITAT's Order in The Case of M/s. Bank of Baroda (Erstwhile Vijaya Bank) vs. Addl. CIT LTU

ITAT Bangalore: MAT Inapplicable to ‘Corresponding New Banks’ Under Section 115JB

The Income Tax Appellate Tribunal (ITAT) in Bangalore ruled that the provisions related to Minimum Alternate Tax (MAT) under section 115JB of the Income Tax Act do not apply to the taxpayer bank. As a result, the tax on book profits is not applicable to the bank. The tribunal has allowed the appeal filed by […]

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 […]

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