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Search results for: Bombay High Court

Exploring Five Significant GST Rulings in 2023

Explore 5 Essential GST Rulings for Professionals of 2023

The Goods and Services Tax rulings in 2023 were among the important legal decisions that shaped India’s taxation environment. Presenting Five Significant GST Rulings Below are the details of five significant cases related to input tax credit matching, hostel GST rate, registration cancellation, etc. Resolution of Hindustan Unilever’s Input Tax Credit Issues by Rajasthan High […]

Over 1 Lakh Appeals May Reach to the GST Appellate Tribunals

GSTAT Branches Likely to be Faced One Lakh Appeals Worth of INR 1 Trillion

Sources indicate that the establishment of the GST Appellate Tribunals is about to bring about a significant change in both government and industry dynamics. It is indicated that once the tribunals are operational, they will handle over one lakh appeals involving more than ₹1 lakh crore. The government aims to have these tribunals functioning by […]

Supreme Court's Order for M/S Tirumala Constructions

SC: State-Made Modifications to VAT Are Invalid After GST Implementation

A Division Bench of the Supreme Court recently rendered a significant decision on appeals arising from judgments of the Telangana, Gujarat, and Bombay High Courts. These appeals concerned the validity of the VAT Amendment Act in their respective states, particularly in the context of Section 19 of the Constitution (101st Amendment) Act of 2016. This […]

Laptop Companies Under IT Radar for Suspected Tax Evasion

Laptop Cos Under Investigation for Alleged Income Tax Evasion

Following investigations into mobile phone manufacturers, laptop companies have come under scrutiny by tax authorities. According to credible sources, both income tax and indirect tax enforcement units are accusing laptop companies of evading taxes. Insiders familiar with the matter have revealed that intelligence agencies, including the Directorate of Revenue Intelligence (DRI), Directorate General of GST […]

How to Respond GST DRC-01 Notice Easily

A Proper Example of Respond DRC-01 Notice to GST Officer

When a tax officer issues form GST DRC-01 to a taxpayer due to non-payment, underpayment of taxes, improper utilization of input tax credit, or issuance of an erroneous refund, and the taxpayer fails to settle the outstanding amount, they are labelled as defaulters. In accordance with clause (a) of sub-section (1) of section 79 of […]

Mumbai ITAT’s Order for Virendra Bhavanji

Mumbai ITAT: Right to Sue Damage Comes Under Tax-Exempt Capital Receipt

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that damage related to the right to sue is considered a capital receipt and is not subject to taxation. The bench, comprising Amit Shukla (Judicial Member) and Amarjit Singh (Accountant Member), observed that Section 6 of the Transfer of Property Act explicitly outlines […]

IT Department Seeking More Time for International Cases

Center Dept Demands Additional Time to Handle Pending International Cases

The taxman is seeking to avail more time because there are large numbers of cases that are still in consideration related to international taxation and contentious transfer pricing matters. The tax tribunal, a quasi-judicial authority, has been requested to postpone ongoing hearings concerning these cases until the Supreme Court concludes. This request was conveyed through […]

Kolkata ITAT's Order for Regal Construction

ITAT Removes Addition as Sale Agreement Before 1.4.2014 is Not Covered by U/S 43CA

The addition holding that Section 43CA of the Income Tax Act 1961 would not be applicable to the sale agreement entered prior to 1.4.2014 would have been removed by the Kolkata Bench of Income Tax Appellate Tribunal (ITAT). The taxpayer, Regal Construction has the business of promoting/developing/constructing and sale of residential/commercial buildings. The Assessing Officer […]

Bombay HC's Order for Dharmendra M. Jani and A.T.E. Enterprises

HC Supports GST Liability on Intermediary Services, Didn’t Confirm SGST, CGST or IGST

The Bombay High Court has recently decided on the constitutionality of provisions within the Goods and Services Tax (GST) laws that pertain to the taxation of intermediary services provided to clients outside India. However, the court did not give any specific insights regarding the type of tax—whether it would be the central goods and services […]

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