Cancellation of Registration Without Proper Notice and Hearing is Invalid: High Court Summary: Show Cause Notice Issued: A show cause notice was issued to the assessee for non-filing of returns. Cancellation Order Passed: The registration was cancelled without affording proper opportunity to the assessee. Violation of Natural Justice: The court held that the cancellation order… Read More »
Cancellation of Registration Can Be Revoked Upon Payment of Dues Summary: Cancellation of Registration: The assessee’s registration was cancelled by the authorities. Revocation Sought: The assessee filed a petition seeking revocation of the cancellation order. Condition for Revocation: The court directed the authorities to consider the assessee’s application for revocation of cancellation upon payment of… Read More »
No Refund for Unutilized Input Tax Credit if Liability paid by Cash Ledger due to Blocking of unutilized input tax credit. Summary: Blocked Credit Ledger: The assessee’s electronic credit ledger was blocked by the authorities. Payment Through Cash Ledger: To discharge output tax liability, the assessee paid tax through the electronic cash ledger. Claim for… Read More »
Withholding Sensitive Information During Search and Seizure Does Not Violate Natural Justice: Deltatech Gaming Ltd. v. Union of India Summary: Show Cause Notice Issued: A show cause notice was issued to the assessee. Request for Documents: The assessee requested the documents relied upon by the department. Denial of Documents: The department refused to disclose the… Read More »
Service Tax Cannot Be Recovered Based on Income Tax Returns Summary: Demand Based on Income Tax Returns: The revenue authorities issued a show cause notice based on information from income tax returns, alleging that the petitioner’s remuneration was liable to service tax. Revenue’s Admission: The revenue department later admitted that the petitioner’s activities were not… Read More »
Delay in Invoking Proviso to Rule 23 Can Be Condoned Subject to Payment of Tax and Penalties: Summary: Cancellation of Registration: Assessee’s registration was cancelled pursuant to a show cause notice. Willingness to Pay Dues: Assessee expressed willingness to pay all outstanding tax, interest, late fees, and penalties. Condonation of Delay: Citing the decision in… Read More »
New Change for GST RCM from 16.01.2025 RCM on Rent Govt has changed Entry No. 5AB of RCM Notification no.13/2017 of Central Tax Rate Sl. No. (1) Category of Supply of Services (2) Supplier of Service (3) Recipient of Service (4) 5AB (Till 15 Jan 2025) NN 09/2024 Service by way of renting of any… Read More »
10 Important Case laws on Income Tax as on 19.01.2025 Title Summary Citation Relevant Act & Section Section 2(47) of the Income-tax Act, 1961 Reduction in Share Capital Covered Under Transfer Reduction in a subsidiary’s share capital and the consequent proportionate reduction in the holding company’s shareholding constitute a “sale, exchange, or relinquishment of asset”… Read More »
Ex-Parte Dismissal of Appeal and the Right to an Effective Hearing before the Commissioner (Appeals) Summary in Key Points: The Commissioner (Appeals) dismissed the assessee’s appeal ex-parte because the assessee didn’t appear for the hearing despite being served with notices. The assessee argued that they didn’t receive proper notice of the hearing. The court emphasized… Read More »