HC directs dept. to restore GST registration of assessee and open portal for 30 days to enable filing of return

GST: Where assessee’s GST registration was cancelled for non-filing of returns, assessee prayed for restoration of registration, was ready to deposit all dues, respondent-authority was to be directed to restore assessee’s registration and open portal for 30 days to enable assessee to file return and pay all dues in said time frame [2024] 161 taxmann.com […]

HC directs dept. to restore GST registration of assessee and open portal for 30 days to enable filing of return Read More »

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HC quashes order rejecting application for condonation of delay in filing revised ITR

INCOME TAX: Where assessee-trust had inadvertently erred in claiming past years’ deficit against current year’s income and, as a result, it was saddled with a demand, application filed by assessee for condonation of delay in filing revised return was to be allowed. [2024] 161 taxmann.com 544 (Orissa) HIGH COURT OF ORISSA Oneness Educational and Charitable

HC quashes order rejecting application for condonation of delay in filing revised ITR Read More »

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Madras HC set aside order imposing tax liability on assessee due to mistakenly uploading duplicate invoices in GSTR-1

GST : Where assessee filed a GSTR 1 return, mistakenly uploading duplicate invoices, upon receipt of an intimation regarding said discrepancies, assessee replied thereto by stating that it was an inadvertent error and that correct details were contained in assessee’s GSTR 3B return and also certifies that relevant purchasers stated that they had availed of

Madras HC set aside order imposing tax liability on assessee due to mistakenly uploading duplicate invoices in GSTR-1 Read More »

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HC: Sales couldn’t be treated as bogus merely because assessee failed to submit e-way bills

INCOME TAX : Where assessee had submitted copy of financial statement, ledger details, ledger account details of GST sales in respect of tax invoices of all parties and copy of bank statement of HDFC Bank through which supplier had made payment, Assessing Officer could not treat sales as bogus merely because assessee failed to submit

HC: Sales couldn’t be treated as bogus merely because assessee failed to submit e-way bills Read More »

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Delay in appeal filing to be condoned if it resulted due to unfortunate and unforeseen circumstances

INCOME TAX: Where assessee filed appeal before Tribunal with a delay of 58 days and submitted that delay in filing appeal belatedly was not as a result of any negligence or lack of diligence but solely due to unfortunate and unforeseen circumstances surrounding his health and he attached doctors’ certificate in support of his petition,

Delay in appeal filing to be condoned if it resulted due to unfortunate and unforeseen circumstances Read More »

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No sec. 263 revision if AO allowed Sec. 80P deduction on interest income earned from deposits after examining facts

INCOME TAX: Where assessee a co-operative society claimed deduction under section 80P(2)(d) on interest income earned from deposits placed with a co-operative bank and Assessing Officer after due examination of facts allowed said claim, Principal Commissioner was not justified in invoking revisionary jurisdiction merely on ground that interest income was not earned from any other

No sec. 263 revision if AO allowed Sec. 80P deduction on interest income earned from deposits after examining facts Read More »

Case Laws, news

Madras HC: Restoration of GST registration was to be allowed on filing of returns together with tax dues

GST | Case Laws:  Restoration of GST registration was to be allowed on filing of returns for period prior to cancellation of registration together with tax dues along with interest thereon and fee fixed for belated filing of returns within a period of forty-five days from date of receipt of order [2024] 159 taxmann.com 518

Madras HC: Restoration of GST registration was to be allowed on filing of returns together with tax dues Read More »

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HC permitted assessee to rectify error in GSTR-1 which resulted in denial of ITC to recipient without revenue loss

GST | Case Laws:   Where a clerical error in GSTR-1 return resulted in denial of Input Tax Credit to recipient-respondent without revenue loss, High Court permitted assessee to rectify error to ensure fairness, prioritizing legitimate claims over technicalities in genuine error cases [2024] 159 taxmann.com 656 (Bombay) HIGH COURT OF BOMBAY NRB Bearings Ltd.

HC permitted assessee to rectify error in GSTR-1 which resulted in denial of ITC to recipient without revenue loss Read More »

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HC directed bank to allow petitioner to remit amount of pre-deposit from attached bank accounts for appeal filing

Case Laws| GST:  Where appeal not filed in time, State Government allowing window of opportunity vide Notification dated 4-11-2023 to taxable persons who could not file appeal against order passed on or before 31-3-2023 under sections 73 or 74 of TSGST Act, concerned bank was to be directed to permit petitioner to remit amount of

HC directed bank to allow petitioner to remit amount of pre-deposit from attached bank accounts for appeal filing Read More »

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HC set aside demand due to mismatch between GSTR–3B and GSTR–2A & directed AO to follow procedure prescribed by CBIC

Case Laws| GST:   Where input tax credit claimed by petitioner in returns filed for period from July, 2017 to March, 2018 in GSTR-3B was disallowed on ground of mismatch between GSTR-3B and GSTR-2A to extent of mismatch, impugned orders was to be set aside and matter was to be remitted back to assessing authority

HC set aside demand due to mismatch between GSTR–3B and GSTR–2A & directed AO to follow procedure prescribed by CBIC Read More »

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