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Search results for: IT Act

Benefit to Industry If Electricity Comes Under GST Regime

Deloitte Report Shows Positive Impact If Electricity Comes Under GST

The government is exploring the inclusion of electricity within the goods and services tax (GST) framework. The Union Power Ministry is actively assessing its potential effects on various fronts such as industry, state revenues, and household electricity expenses. Historically, electricity, along with commodities like petrol, diesel, and natural gas, has existed outside the realm of […]

Delhi HC's Order in Case of Pratima Tyagi Vs GST Commissioner

Delhi HC: Some Factual Criteria Must Underlie Before Decision of GSTIN Cancellation

The decision to cancel the GST registration with the retrospective effect should be based on certain objective criteria, the Delhi High Court ruled. Justice Vibhu Bakhru and Justice Amit Mahajan noted that the petitioner’s GST registration was revoked due to a six-month lapse in filing returns, despite the petitioner regularly fulfilling this requirement during that […]

Delhi HC's Order In Case of CIT Versus Hersh Washesher Chadha

Bookkeeping is Required To Invoke Section 69A Of Income Tax Act: Delhi High Court

Section 69A of the income tax act could merely be invoked in which the books of accounts are been maintained, Delhi High Court mentioned. The bench consisting of Justice Rajiv Shakdher and Justice Girish Kathpalia noted that the individual in question, a non-resident Indian, derives income in India from bank interest and income tax refunds […]

Bombay HC's Order for Star Engineers (I) Pvt. Ltd

Bombay HC Permits Rectification of Factual Mistakes in GSTR-1 Beyond Specified Time

A GST assessee is permitted by the Bombay High Court to amend the bonafide mistake in the GST Form GSTR-1 beyond the set time duration. The petition contested a communication dated 27th September 2023 from the respondent-Deputy Commissioner, State Tax. In response to the petitioner’s application to modify or amend form GSTR-1 for the financial […]

Supreme Court's Order for Arvind Nandagopal

SC Rejects SLP as Tax Offence U/S 276CC Will Not Attract Without Evasion

The Supreme Court rejected the Special Leave Petition (SLP) stemming from a disputed judgment by the Madras High Court. The High Court ruled that the offence under section 276 CC of the Income Tax Act, 1961, doesn’t apply if there’s no tax evasion involved. The Commissioner of Income Tax had filed an SLP against Arvind […]

Delhi HC's Order for Bhagat Ram Om Prakash Agro Pvt Ltd

Delhi HC: Roving Inquiry Per Order of Special Judge (PC Act) by GST Dept

The Delhi High Court has set aside the special judge’s instructions to carry out an extensive investigation by the GST department in the absence of any strict provisions. The panel comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that, besides the directions given on April 5, 2023, there were no justifications for the respondent […]

Patna High Court's Order for M/s Punit Kumar Choubey

Patna HC: Article 226 Can’t be Invoked if Statutory Appeal Under CGST Act Not Filed by Assessee

As per the Patna High Court under Article 226 of the Constitution of India, the extraordinary jurisdiction could not be invoked if the taxpayers’ losses file a legal plea to the Central Goods and Service Tax Act (CGST). The assessment order and the rejected appeal filed were been questioned by the M/s Punit Kumar Choubey […]

GST E-Invoice for B2C Transactions in Upcoming Years

GST E-Invoice Will be Mandatory in 2-3 Years for B2C Transactions

According to an official, the government is expected to introduce a mandatory requirement for businesses to generate electronic or GST E-invoices for B2C transactions within the next 2-3 years. Presently, for companies with a turnover of Rs. 5 crores and above, it is mandatory to issue e-invoices for their Business-to-business (B2B) sales and purchases. The […]

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