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Search results for: IT Act

Madras HC's Order In The Case of Vishaka Exports v/s Assistant Commissioner

Madras HC: Inconsistencies in GSTR-1 and 3B Forms Are Grounds for Appeal, Not Evident Errors

The Madras High Court in the matter of Vishaka Exports vs Assistant Commissioner (ST) (FAC), deliberated on the problem of whether the difference between GSTR-3B and GSTR-1 forms entitled as “errors apparent on the face of the record” and whether they can be rectified u/s 161 of the Tamil Nadu Goods and Services Tax Act, […]

Delhi ITAT's Order in the Case of Mr. Ramnarayan Vs. Income Tax Officer

Buying Agricultural Land Doesn’t Come Under Capital Asset, Delhi ITAT Quashes Addition

The taxpayer has purchased agricultural land, which is outside the purpose of a capital asset; thus, the deeming provision u/s 56(2)(x) of the Income Tax Act cannot be invoked, Delhi Bench of Income Tax Appellate Tribunal (ITAT) mentioned. The bench of Sudhir Pareek (Judicial Member) and S.Rifaur Rahman (Accountant Member) has marked that the taxpayer […]

Bombay HC's Order In Case of Mahesh Devchand Gala Vs Union of India

Bombay HC Grants Interim Bail, Stating Routine Arrests Under GST Not Permissible on Mere Allegations

The Bombay High Court in a ruling addressed the problem of routine arrests under GST allegations. The matter of Mahesh Devchand Gala vs Union of India brought to light the arbitrary detention practices of authorities, pressing the court to grant interim bail to the applicant. The applicant, Mahesh Devchand Gala, approached the Bombay High Court […]

Delhi ITAT's Order in the Case of Suchi Agrawal Versus ITO

Delhi ITAT: Not Compulsory to Submit Form 67 to Avail FTC (Foreign Tax Credit)

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has ruled that submission of Form-67 is not obligatory to claim foreign tax credit (FTC). The bench of Sudhir Pareek (Judicial Member) and S. Rifaur Rahman (Accountant Member) has marked that filing Form-67 is a procedural or directory provision and is not a compulsory requirement. Thus, […]

GST Council May Propose New Telecom Sector Guidelines

GST Council May Introduce Payment Guidelines for the Telecom Sector

To provide transparency in the telecom sector the forthcoming GST council meeting is been scheduled for June 22 in New Delhi. The council might recommend the requirement for definitive guidelines on the GST timing regarding spectrum allotment to telecom companies. The council can specify for the telecom companies the payment of license fees and spectrum […]

Andhra Pradesh HC’s Order in Case of Sai Manikanta Electrical Contractors Vs. Deputy Commissioner

AP HC: GST Proceedings Are Invalid Without a Document Identification Number

The Andhra Pradesh High Court held that GST ( Goods and Services Tax ) proceedings that do not have the Document Identification Number (DIN) are legally not valid. The bench of Justice Kiranmayee Mandava and Justice Nyapathy Vijay of the Andhra Pradesh High Court discovered that the impugned proceedings do not hold DIN. The court […]

Madras HC's Order for In Case of M/s. Vaduvambikai Enterprises vs State Tax Officer

GST Order Issued Without Hearing U/S75(4): Madras HC Directs for Reconsideration

The Madras High Court has remanded a GST order for reconsideration because of the absence of a mandatory personal hearing, as mandated under Section 75(4) of the Goods and Services Tax (GST) Act. M/s. Vaduvambikai Enterprises contested an order issued via the State Tax Officer without a personal hearing. Represented by P. Rajkumar, the applicant […]

Telangana HC's Order In Case of Pottapinjara Paparao, vs Office Of The Income Tax Officer

IT Notice U/S 148 Without Modified Process is Invalid: Telangana HC Quashes Reassessment Notice

The Telangana High Court noted that notice issued u/s 148 of the Income Tax Act, 1961 without following the modified procedure under Finance Act 2021 is not valid and set aside the reassessment notice. The applicant cited that the reassessment process in the furtherance of the Finance Act, 2021, stood altered but the respondents have […]

Madras HC's Order In Case of Annalakshmi Stores Vs Deputy State Tax Officer

Madras High Court Quashes GST Order Issued U/S 63 Due to Lack of Opportunity to Respond

The Madras High Court has set aside assessment orders issued u/s 63 of the Goods and Services Tax ( GST ) Act, 2017, and the cases were remanded for reconsideration. The writ petitions contested the orders enacted via the Deputy State Tax Officer and the Deputy Commercial Tax Officer of Mettur Circle. Annalakshmi Stores, the […]

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