Tax Guru12m
ITAT Allows LTCG Exemption on Shares due to Overreliance on Investigation Report, Absence of Enquiry & Genuineness of Transactions
The Assessing Officer (AO), relying heavily on an investigation report from the Directorate of Income Tax (DIT), Kolkata, alleged that the transactions were sham and aimed at converting unaccounted ...
Tax Guru15h
No implication of right to property by having property tax assessment receipts
Conclusion: Receipts for property tax assessment did not necessarily indicate ownership rights to the property. Moreover, ...
Tax Guru15h
Appellate Authority, Not Writ Court, Should Examine Discrepancies in Financial Data & Documents
Union of India & Others, the Madhya Pradesh High Court addressed a dispute concerning discrepancies in GST turnover for the ...
Tax Guru15h
Taxpayer Not obliged to Check GST Portal for Notices After Registration Cancellation
This judgment underscores the importance of following the principles of natural justice in GST proceedings. 1. Having heard ...
Tax Guru15h
Madras HC Sets Aside GST Compliance Order, Directs Fresh Consideration on Tax Deposit & Documents
In the case of BK & K Chemicals Private Limited Vs Assistant Commissioner (ST), the Madras High Court addressed the ...
Tax Guru15h
GST Registration Cancellation Orders Without Valid Reasoning Violate Article 14
The petitioner sought judicial review, arguing that the cancellation order was a non-speaking order and lacked the necessary ...
Tax Guru15h
SCN without reasoning – Delhi HC Restores GST Registration
The court highlighted that the SCN and subsequent order did not meet the requisite standards of clarity and specificity ...
Tax Guru21h
Appeal Decision: Penalty Reduction for Auditor in ROC Case
4. Having considered the facts and circumstances of the case and after taking into account the factors above, ROC, West ...
Tax Guru21h
GST Liability On Owner Of Oil Tanker Leased To Petrolium Company
The debatable issue is that the tax liability on charges collected by the owner, towards hiring of oil tanker from petroleum ...
Tax Guru15h
HC Upholds Tribunal’s Decision: Insufficient Evidence to prove Share Transactions as Bogus
The Revenue contended that the Tribunal wrongly reversed the concurrent findings of the Commissioner and the Assessing Officer based on evidence from the Department’s investigation, which suggested ...
Tax Guru15h
Improper categorization of SCN on GST portal: HC directs fresh adjudication
5. The impugned SCN was uploaded on the portal in the category of ‘Additional Notices and Orders,’ which the petitioner claims were not easily It is contended that the show cause notices were required ...
Tax Guru15h
Allahabad HC Quashes GST Demand Over Section 75(4) & natural justice Violation
9. Considering the fact that the original order is contrary to the mandate of Section 75 (4) of GST Act and is also violative of principles of natural justice, the order dated 29.08.2022 is liable to ...