Section 147A of the Income Tax Act declared unconstitutional • Penalty confirmed in the adjudication order cannot exceed penalty proposed in the show cause notice • Refund cannot be appropriated against a demand for which statutory pre-deposit has been made and appeal is pending • Show cause notice issued before audit observations are finalised is not legally sustainable • Circular restricting inverted duty refund where input and output are the same is inapplicable where ITC… • Penalty imposed on Director under Section 122(1A) in an appeal filed only by the Company • Unaccounted stock found on business premises during survey cannot attract confiscation under Section 130 • Appellate Authority cannot uphold tax demand under Section 74 while substituting penalty under Section 73
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17 articles
Outdoor Playground Equipment (Slides, Swings, See-Saws) at 5% GST, Outdoor Gym Equipment (Twisters, Pull-Up…
The Gujarat Authority for Advance Ruling has held that outdoor playground equipment such as slides, swings, see-saws, climbers and multi-activity play stations…
Right to Cross-Examine Cannot Be Denied Where Assessing Authority Finds Statements Credible and Relies on Them
The Madras High Court Division Bench has set aside a common assessment order confirming denial of ITC on the ground that the transactions were fictitious, holdi…
Employee Recovery Towards Subsidised Canteen Is Not ‘Supply’ Under Section 7, ITC Available Under Proviso to…
The Gujarat Authority for Advance Ruling has held that the portion of canteen charges deducted from employees' salaries by Torrent Pharmaceuticals Ltd. towards…
Amalgamating Registration Cancellation With ITC Reversal and DRC-03 Payment Demand Is Impermissible
The Gujarat High Court has quashed a show cause notice for cancellation of registration, the cancellation order, the rejection of revocation application and the…
Rent Paid for Hired Godowns Used Exclusively for Exempt Agricultural Warehousing Is Still Taxable at 18% GST
The Gujarat Authority for Advance Ruling has held that GST at 18% is applicable on rent paid by a State warehousing corporation for godowns hired from registere…
Ford India: Section 74 SCN Based Solely on Audit Query Without Section 61 Procedure and Without Ability to…
The Gujarat High Court has admitted a writ petition filed by Ford India Pvt. Ltd. challenging show cause notices and orders-in-original under Section 74 of the…
Showing 1–10 of 17 articles