Judgements and Orders, Supreme Court and High courts of India

SEZ entitled to GST refund as it falls within the meaning of ‘any person’ under Section 54 r/w Rule 89

Bimal Jain 19 October 2021 at 16:09

The Hon’ble Madras High Court in the case of Platinum Holdings Pvt. Ltd. Vs. Additional Commissioner of GST & Central Excise [W.P.No.13284 of 2020 decided on August 11, 2021] has held that a Special Economic Zone ("SEZ") falls withing the meaning of

Posted in GST | 377 Views

ITAT: Ownership of several flats under JDA is eligible for Capital Gain Exemption

Bimal Jain 19 October 2021 at 09:45

In Sri Ganga Poorna Prasad v. The Assistant Commissioner of Income Tax, Mysuru [ITA No.41/Bang/2020 A.Y. 2009-2010 dated October 07, 2021], the Income Tax Appellate Tribunal, Bangalore ("ITAT") held that the Capital Gains Exemption under Section 54 F

Posted in Income Tax | 231 Views

GST Authority needs to communicate reasons for blocking ITC of the taxpayer

Bimal Jain 19 October 2021 at 09:45

The Hon'ble Madras High Court in the case of M/s. HEC India LLP v. Commissioner of GST and Central Excise and Anr. [Writ Appeal No. 2341 of 2021 decided on September 16, 2021]has held that the GST Authority necessarily needs to communicate reasons to

Posted in GST | 191 Views

Production of original VAT or Sales Tax Challans not required for grant of SAD refund unless any deficiency memo is issued

Bimal Jain 19 October 2021 at 09:45

The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, Chennai ("the CESTAT Chennai") in the case of M/s Aditya Chemicals v. Commissioner of Customs [Customs Appeal No.40592 of 2021 decided on October 12, 2021] has held that the Customs Author

Posted in Custom | 168 Views

Sale consideration as per the provisions of section 43CA(1) of the Income Tax Act

Poojitha Raam Vinay 18 October 2021 at 21:36

This appeal filed by the Revenue is directed against the order dated 09.05.2018 of the Commissioner of Income Tax (Appeals) � 3, Delhi relating to Assessment Year 2014-15.

Posted in Income Tax | 224 Views

Calculation of tax at the maximum marginal rate instead of slab rate

Poojitha Raam Vinay 18 October 2021 at 21:36

This appeal filed by the assessee is directed against the order dated 26th July, 2019 of the CIT(A)-40, New Delhi, relating to Assessment Year 2015-16.

Posted in Income Tax | 181 Views

Charging of interest under sections 234A, 234B and 234C of the Income Tax Act

Poojitha Raam Vinay 18 October 2021 at 21:36

This appeal filed by the assessee is directed against the order dated 09.08.2019 of the Commissioner of Income Tax (Appeals)-XXV, New Delhi relating to Assessment Year 2007-08.

Posted in Income Tax | 151 Views

Disclosure of investment and income relating to foreign immovable property

Poojitha Raam Vinay 18 October 2021 at 21:36

This appeal filed by the assessee is directed against the order dated 18th October, 2019 of the CIT(A)-12, New Delhi, relating to Assessment Year 2016- 17.

Posted in Income Tax | 141 Views

Explanation of cash deposit during demonetization period

Poojitha Raam Vinay 18 October 2021 at 21:36

This appeal by the assessee is preferred against the order of the National Faceless Appeal Centre (NFAC) dated 05.03.2021 pertaining to A.Y. 2017-18.

Posted in Income Tax | 408 Views

GST Registration cannot be cancelled if the SCN not issued in prescribed template

Bimal Jain 17 October 2021 at 17:30

In Suresh Trading Corporation v. The Asst. Commissioner (Circle) of SGST, Tamil Nadu [W.P. No. 21109 of 2021, dated October 01, 2021], Suresh Trading Corporation ("the Petitioner") has filed this petition challenging the order dated October 10, 2019

Posted in GST | 246 Views