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Search results for: Section 74

Delhi ITAT's Order for Sarita Gupta

Delhi ITAT: Section 54 Deduction Could’t Disallowed for Not Depositing LTCG In Capital Gain Account Scheme

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) clarified that failing to deposit long-term capital gains (LTCG) into a capital gain account scheme does not warrant disallowance of deduction under Section 54 of the Income Tax Act. Saktijit Dey (Vice President) and M. Balaganesh (Accountant Member) took a meticulous approach in addressing the matter. […]

GST Instruction No. 05/2023 case of Northern Operating Systems Private Limited (NOS)

CBIC Issues Instructions No. 05/2023 GST Proceedings for Salary Secondment U/S 74(1)

On December 13th, 2023, the Central Board of Indirect Taxes and Customs (CBIC) issued a directive instructing officials that the application of section 74(1) of the CGST Act for issuing show cause notices should only occur when investigations reveal concrete evidence of fraud, deliberate misrepresentation, or withholding of facts to avoid tax. Furthermore, this evidence […]

Delhi HC's Order for Modi Rubber Ltd

Delhi High Court Upholds Tax Penalty Decision for Omitting U/S Section 271(1)(c) Specification

The Delhi High Court has upheld the decision to remove the penalty imposed for the failure to specify the specific provision of Section 271(1)(c) of the Income Tax Act under which the penalty was imposed. In this case, the respondent/assessee, Modi Rubber Ltd, provided inaccurate details regarding the disallowance of various additions made by the […]

A Recap of Kerla GST DeptCircular No. 16/2023

Kerala: Circular 16/2023 for Issuing Extra GST Notices U/S 73 and 74 to Taxpayers

The KGST Department has recently issued a circular no. 16/2023, under its authority in accordance with Section 168 of the Kerala State Goods and Services Tax (KSGT) Act, 2017 to establish a standardized issuance of notices under Sections 73 and 74. These sections deal with the determination of tax liabilities, where Section 73 applies to […]

Mumbai ITAT's Order For Sai Sugam Enterprises

ITAT Mumbai: Penalty Notice That Fails To Specify Charge Against An Assessee Is Invalid U/S 274

The assessing officer who has issued a show cause notice under Section 274 read with Section 271(1)(c) of the Income Tax Act,1961 is defective/invalid since the same does not explicitly convey to the taxpayer about the certain fault/charge the taxpayer would have proceeded for impose of penalty, held by the Mumbai Bench of Income Tax […]

Calcutta HC’s Order for Prabhu Dayal Jajoo

Calcutta HC Reverses Order U/S 74 as GST Notice Uploaded in Other Portal

The Calcutta High Court overruled the order under Section 74 of the West Bengal Goods and Services Tax (WB GST) Act, 2017. The order was passed on the GST show cause notice which was uploaded by the department in a different portal not concerning to the assessee. The appeal opposing the order passed in the […]

Kerala HC's Order for Penuel Nexus Pvt. Ltd.

Kerala HC: GST Section 107 Manages Inbuilt Mechanism and Exempts Limitation Act from Application

Section 107 of the CGST Act would be the inbuilt procedure and would exclude the application of the limitation act, the Kerala High Court ruled. The act of limitation shall be subjected to be applied merely when the same would get extended to a certain law, the bench of Justice C.S Dias witnessed. The provisions […]

Quick to Understand GST Section 17

GST Section 17: ITC Apportionment & Ineligible Tax Credit

What is GST Section 17? ITC (Input Tax Credit) Apportionment and Blocking of Ineligible GST Credits are covered in Section 17 of the CGST Act, 2017. GST was implemented to prevent cascading taxes and to ensure a consistent flow of input tax credits with the complete supply chain. The primary and foremost strength of the […]

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