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Search results for: Section 74

Mumbai ITAT's Order In the Case of Medley Pharmaceuticals Ltd. vs. DCIT

Mumbai ITAT: Section 80-IB Does Not Require Setting Off Losses from One Eligible Unit Against Profits of Another for Tax Deduction

The Mumbai ITAT has mentioned that an industrial undertaking was not mandated to set off the losses made by it in one qualified unit against the profits made from the other qualified unit for the objective of computing the deduction under section 80-IB. As per Section 80-I of the Income-tax Act, 1961, the gross total […]

Orissa HC's Order in Case of Dilip Kumar Swain vs. Deputy Director, DGGI, BBSR and Others

Orissa HC Stays GST Notice U/S 74 Consolidating Multiple AY, Citing Karnataka HC Ruling

U/s 74 of the Goods and Services Tax (GST) the Orissa HC has stayed a notice issued which consolidated multiple assessment years following the decision of a single bench of the Karnataka High Court. On 3rd January 2024, Justice Arindam Sinha and M.S. Sahoo listed the case and stayed the impugned notice till the next […]

Mumbai ITAT's Order In Case of DCIT-42 vs. Sunil Harischandra Keni

Mumbai ITAT Cancels Assessment Order Until Higher Income Tax Authority Approves It Under Section 151

The income tax assessment order has been quashed by the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) as of the absence of higher authority approval u/s 151 of the Income Tax Act, 1961 for the reopening beyond three years. The taxpayer Sunil Harischandra Keni, filed a return claiming an income of Rs. 16,42,210 for […]

SC HC's Order In Case of Commissioner of CGST Delhi West & Ors. vs. Gunjan Bindal & ANR

SC to Examine Legality of Cash Seizure Under GST Section 67 Amid Conflicting High Court Rulings

Considering the conflicting views of the Delhi High Court and the Madhya Pradesh High Court, the Apex Court is set to regard the problem of whether the authorities can seize cash u/s 67 of the Central Goods and Services Tax Act, 2017. The development arrived as a bench of Justices PS Narasimha and Sandeep Mehta […]

A Guide to the New Section 128A Under the GST Act

New GST Section 128A: Key Provisions and Their Impact

The Central Goods and Services Tax (CGST) Act has introduced a new section 128A, to decrease the tax loads and proposes relief for the assessees towards tax obligations made between July 1, 2017, and March 31, 2020. This amendment permits people with tax obligations to settle their debts without facing extra interest or penalties, as […]

Ahmedabad ITAT's Order in Case of Gujarat Safety Council Vs. ITO

Ahmedabad ITAT: Accumulation Income Can Be Used to Buy Fixed Assets Under Income Tax Section 11(6)

The petition of the taxpayer ruling has been permitted by the Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) which collected income could be applied to the acquisition of the fixed assets u/s 11(6) of the Income Tax Act,1961. Gujarat Safety Council, the appellant-assessee, was a trust that led safety training programs. It filed a […]

Gujarat HC's Order in Case of V M Procon PVT. LTD Vs. Assistant Director of IT

Gujarat HC: Delayed Filing of 10-IC Form Won’t Affect Reduced Tax Rate if Conditions of Section 115BAA Are Met

Witnessing that the taxpayer has fulfilled the conditions to lessen the tax rate under section 115BAA, the Gujarat High Court cited that the revenue department would required to condone delay in the filing of Form 10-IC instead of rejecting it on technical grounds. Section 115BAA of the Income Tax Act permits domestic companies to use […]

Madras HC's Order In The Case of Helmet House V/s The Deputy State Tax Officer-1

Amendment in GST Section 62(2), the Madras HC Forgives GSTR 3B Return Filing Delay

The Madras High Court in a ruling condoned the delay in GSTR-3B filing via the applicant, directing the amendment to section 62(2) of the Goods and Services Tax (GST) Act. Therefore the issued assessment order u/s 62(1) has been withdrawn by the court. The applicant, Helmet House filed the GSTR-1 return dated 25th March 2023, […]

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 […]

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