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Search results for: section 54

Bombay HC's Order for Ashok Chaganlal Thakkar

Bombay HC: Agricultural Operation Not Mandatory for Qualification as Agricultural Land

The Bombay High Court, actual carrying on of agricultural operations is not a critical condition for determining that the parcels of land were agricultural lands. The order has been quashed by the bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale and remanded the case for passing the fresh assessment order. The AO […]

Delhi ITAT's Order for Ms Sarita Gupta

Delhi ITAT: Capital Gains Deduction Will Not Be Refused for Failure to Deposit in the CGAS

The Delhi bench of the ITAT recently made a significant ruling. It said that individuals can claim deductions for capital gains, even if they haven’t deposited into a capital gain account scheme. The case involved assessee, Sarita Gupta, a resident individual, of whom information was received by the Assessing Officer that the assessee’s dad sold […]

No Interest Liability If Balance in ECL for Delayed GSTR 3B Filing

Late GSTR 3B Filing: No Interest Liability If ECL Balance

Section 50 of The CGST Act was revised to furnish that there would be no interest obligation on late filing of GSTR-3B to the extent of the balance in The Electronic Credit Ledger, the Courts in the following and other cases ruled that interest was subjected to be paid even after there was balance in […]

Madras HC's Order for M/s Tulip Nilgiris Exports Pvt. Ltd.

Madras HC: Claim of GST Refund Must Submitted within 2 Years from the Date of Export

The Madras High Court has ruled that a claim for an Integrated Goods and Services Tax (IGST) refund must be submitted within two years from the relevant date, computed from the export date of the goods through any mode. Justice Senthilkumar Ramamoorthy’s bench noted that the refund claim in question pertains to exports conducted between […]

Delhi High Court's Order for M/S Mittal Footcare

Delhi HC: GST Refund Can’t Be Denied Just Because the Taxpayer Didn’t Provide Certified Documents

The Delhi High Court has ruled that denying an input tax credit (ITC) refund solely due to the absence of authenticated documents is not permissible. Justices Sanjeev Sachdeva and Ravinder Dudeja highlighted that although the petitioner had uploaded the necessary documents, the system failed to register them. Despite submitting the documents along with a response, […]

Delhi HC’s Order for M/S Sethi Sons (India)

Delhi HC Permits Tax Refund Claim Beyond Deadline Due to Delay Caused by GST Portal Glitches

The Delhi High Court in the case of M/S SETHI SONS (INDIA) Vs. ASSISTANT COMMISSIONER has permitted the GST Refund claim beyond the limitation time owing to a late filing because of GST Portal Glitches. The petitioner lodged this petition due to being dissatisfied with the refusal to refund unused input tax credit (ITC) gathered […]

Delhi HC's Order for Indian Oil Corporation Limited

Delhi HC Allows GST Refund to IOCL of Accumulated ITC Due to Inverted Duty Structure

The refund of ITC accumulated because of the inverted duty structure to the Indian Oil Corporation Limited (IOCL) is been permitted by the Delhi High Court. The tax rate levied on the inputs excluding LPG which are more compared to the GST rate levied on bottled LPG. ITC has accumulated based on the tax rate […]

Bombay HC's Order for Serum Institute of India Pvt Ltd

Bombay HC Cancels Serum Institute of India’s Appeal Challenging 2016 Amendment to IT Act

A petition that the Serum Institute of India Pvt Ltd had filed that contested a 2016 amendment to the income tax act has been dismissed by the Bombay High Court. The bench of Justice K. R. Shriram and Justice Neela Gokhale witnessed that the revision of section 2(24) by the insertion of the impugned sub-clause […]

Madras HC's Order in Case of M/s. Lenovo (India) Pvt. Ltd. Versus JCIT

Madras HC: Not Compulsory for Filing GST Refund Application Within Two Years

The Madras High Court ruled that the two-year limitation for filing the GST refund application is a directory and not obligatory. The Justice Krishnan Ramasamy bench noted that Section 54(1) of the CGST Act allows applicants to submit their applications within two years from the relevant date, suggesting it as an option rather than a […]

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