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Search results for: section 54

New Changes Related to GST ITC w.e.f. 20th Oct 2023

Recent Changes That Impact Your GST ITC (20th Oct 2023)

Here are three important changes under GST law that have come into effect from 20th October 2023 that will affect your input tax credit availability. Cab Rental Services for Passengers In the services, the condition has been inserted via renting any motor vehicle designed to carry the passengers in which the fuel cost is been […]

Chennai ITAT's Order for Rajamanikam Meerabai

ITAT Permits CG Exemption After Legally Extinguished of Rights of Owners of Property Transfer

The Chennai bench of the Income Tax Appellate Tribunal (ITAT) ruled in favour of granting the capital gain exemption, stating that the transfer of property is considered complete only after the owners’ rights have been extinguished. In the relevant financial year 2005-06, which pertains to the assessment year 2006-07, the assessee Rajamanikam Meerabai sold a […]

Hyderabad ITAT's Order for Smt. Madhu Devi

ITAT Hyderabad: Flat Ownership for at Least Three Years is Needed to Claim LTCG

Without owning flats for at least three years the long-term capital gain could not be claimed, the Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. PCIT is been justified in invoking the provisions of Section 263 of the IT (Income Tax) Act. as the taxpayer without holding the 7 flats for three years from […]

Delhi HC's Order for Star Publishers Distributors

Delhi HC Permits GST Refund Based on Shipping Documents in Case of Rejection

The Delhi High Court has granted the refund of the Input Tax Credit (ITC) under Goods and Service Tax (GST) based on the shipping bill and invoices while overturning the rejection of the ITC refund claim. The petitioner, Star Publishers Distributors, contested “the impugned order,” which dismissed the petitioner’s appeal against the refund rejection order […]

Delhi HC's Order for M/s. Indian Herbal Store Pvt. Ltd

Delhi HC: Modification to GST Rule 89(4)(c) is Not Retroactive, Which Caps “Export Turnover” and Restricts Refunds

The Honorable Delhi High Court, in the matter of M/s. Indian Herbal Store Pvt. Ltd. vs. Union of India [W.P.(C) 9908/2021 and W.P.(C) 9912/2021 dated September 15, 2023], granted the writ petition and ruled that Rule 89(4)(C) of the Central Goods and Services Rules, 2017 (“the CGST Rules”) should not be applied retrospectively. The Honorable […]

New GST Changes Effective from 1st Oct 2023

Summary of Latest GST Changes Effective from 1st Oct 2023

In this post, we have discussed the recent GST changes effective from the 1st of October 2023. Sections 137 to 162 of the Finance Act, 2023 (the FA,2023) (except Sections 149 to 154) wef October 01, 2023 vide Notification no. 28/2023-Central Tax dated July 31, 2023. From August 01, 2023 Sections 149 to 154 of […]

Mumbai ITAT's Order for Khalid Sayed

Exemption for CG Not Applicable to the Purchase of a Residential Home Outside the Country After 2015

The capital gain exemption is not available for the residential house brought abroad post 1st April 2015. For the period prior to AY 2015-16 or to the introduction of the words “in India” in Section 54 of the Act vide Finance Act No. 2 of 2014, which came into effect on April 1, 2015, the […]

Mumbai ITAT's Order for Hemant Shridhar Phatak

ITAT Allows CG Exemption on House Construction and Deletes Penalty U/S 271(1)(c)

The Income Tax Appellate Tribunal (ITAT), the Mumbai Bench ruled that under Section 54 of the Income Tax Act, 1961, the claim of capital gain exemption on construction of a residential house completed within 3 years is approved and removed the penalty levied under Section 271(1)(c) of the Income Tax Act. Hemant Shridhar Phatak, the […]

Bombay High Court's Order for Sunlight Cable Industries

Bombay HC Permits IGST Refund with Interest Rate of 7% on Zero-rated Supplies U/S 16(3)

The Bombay High Court has ruled that the IGST (Integrated Goods and Services Tax) paid on zero-rated supplies will be refunded to the petitioner along with 7% interest. A two-member bench consisting of Justice G.S. Kulkarni and Justice Jitendra Jain have determined that the petitioner has the right to claim a refund for the IGST […]

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