GST Law – Assessment Order – Document Identification Number (DIN) / Reference Number (RFN) – Petitioner challenged assessment order in Form GST DRC-07 contending absence of DIN – Court held that Reference Number (RFN) auto-generated by GST portal upon digital signing is sufficient compliance – DIN/RFN generated electronically cannot be treated as absent merely because...
Income Tax – Co-operative Society – Deduction under Section 80P(2)(a)(i) – Interest on Bank Deposits – Assessee, a co-operative housing/credit society, earned interest from savings bank account maintained with Axis Bank – Assessing Officer disallowed deduction holding interest income taxable under Section 56 relying on Totgars Co-operative Sale Society Ltd. and Citize...
Taxation Law – Andhra Pradesh VAT Act – Appeal – Rejection at Admission Stage – Delay in Filing Appeal – Appellate Deputy Commissioner rejected appeal filed with delay of 2 years 4 months and 20 days against consequential assessment order – Petitioner pleaded non-service of show cause notice and assessment order – Held: Explanation not satisfactory –...
Income Tax – Employees’ Contribution to PF and ESI – Deductibility – Section 2(24)(x) and Section 36(1)(va) – High Court held that employees’ contribution deducted from salaries constitutes income of the employer and is allowable as deduction only if deposited within the due date prescribed under the relevant welfare statutes – Employer’s contributio...
Income Tax – Reassessment – Second Reopening – Change of Opinion – Invalidity – Assessment for AY 2009–10 earlier reopened and completed under Sections 147/143(3) – Specific issue of interest-free loan received by assessee from closely held company examined – No addition made – Subsequent notice under Section 148 issued for same AY on same foun...
Service Law – Appointment to ITAT – Institutional Bias – Doctrine of Bias – Natural Justice – Petitioner, ranked All India Rank One by Search-cum-Selection Committee in 2014 for appointment as Member (Accountant), ITAT, was repeatedly denied appointment through withholding of vigilance clearance, disciplinary proceedings, and compulsory retirement – Compulsory r...
Income Tax – Reassessment – Search Cases – Applicability of Old Regime – Search conducted on 09.05.2024 falling between 01.04.2021 and 01.09.2024 – By virtue of Section 152(3), provisions of Sections 147 to 151 as they stood prior to Finance (No.2) Act, 2024 applicable – Reassessment notice issued under Section 148 governed by old regime [Paras 5, 7].
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Service Tax – Event Management Service – Reverse Charge Mechanism – Classification of Service – Booking of Foreign Speakers for Leadership Summit – Demand of Service Tax Set Aside – Appellant conducted annual “Hindustan Times Leadership Summit” and engaged foreign speakers through international booking agents – Revenue sought to levy Service Ta...
Customs – Appeal to High Court – Section 130 Customs Act – Scope – Appeal lies only on substantial question of law – Concurrent findings of fact by Commissioner (Appeals) and CESTAT regarding Fe content of Iron Ore Fines exported – Questions raised by Revenue essentially factual in nature – No perversity or legal infirmity shown – Held: No substantia...
Taxation Law - International Taxation – Double Taxation Avoidance Agreement (DTAA) – India-Mauritius DTAA – Capital Gains – Indirect Transfers – Tax Avoidance – GAAR – TRC Conclusiveness – The Supreme Court held that capital gains arising from the transfer of unlisted equity shares, which were part of an impermissible arrangement under law, are not e...