Why Officer Delaying Income Tax Refund Should Not Be Directed To Pay Interest From His Pocket: Bombay High Court Asks Income Tax Dept. To Explain

The Bombay High Court bench of Justice N.R. Borkar and Justice K.R. Shriram has asked the department to explain why an officer delaying an income tax refund should not be directed to pay interest from his pocket. The petitioner/assessee submitted that though there had been an intimation on November 23, 2021, under Section 143(1) of the Income Tax Act, 1961, that the petitioner was entitled to a refund of Rs. 64.92 crores, the petitioner had not received the refund. The petitioner sent...

No GST & TDS Applicable On Renting Of Immovable Property To Social Justice Department: AAAR

The Maharashtra Appellate Authority of Advance Ruling, consisting of members Asok Kumar Mehta and Rajiv Kumar Mital, has ruled that the renting of immovable property to the social justice department is exempt from GST and TDS.The appellant, Shital Tukaram Borade, is unregistered and is in the business of providing the services of renting out immovable property situated in Nashik, and is in receipt of rental income. The property was let out to the Social Welfare Department (Samaj Kalyan...

Income Tax Reassessment Notice Issued After 4 Years Without Valid Reasons: Chhattisgarh High Court Quashes Notice

The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has quashed the income tax reassessment notice, which was issued after 4 years without stating any valid reason. The petitioner has challenged the notice under Section 148 of the Income Tax Act. According to Section 148 of the Income Tax Act, any income tax computation that has not been recomputed or reassessed will receive a notice from the Income Tax department. The petitioner/assessee, a private limited company, is in ...

Services Provided For Collection And Disposal Of Bio-Medical Waste To State Government Is Exempt From Gst: West Bengal AAR

The West Bengal Bench of the Authority for Advance Ruling (AAR) has ruled that services provided for collection and disposal of bio-medical waste to the State Government is exempt from GST. The Bench, consisting of members Brajesh Kumar Singh and Joyjit Banik, held that advance ruling cannot be sought with respect to the services provided by a sub-contractor to the applicant. The Bench added that a ruling provided on an application filed by the recipient of the services would not be...

Scholarship By Hamdard Foundation, Exemption Under Income Tax Act Can't Be Denied: Delhi High Court

The Delhi High Court has upheld the factual findings made by the CIT (A) and ITAT that the merit-cum scholarship/financial assistance provided by Hamdard National Foundation was not confined to students of a particular religious community, and therefore exemption under Section 11 of Income Tax Act, 1961 cannot be denied to it. The Bench, consisting of Justices Manmohan and Dinesh Kumar Sharma, while noting that similar factual findings were made by the appellate authorities with...

No GST Payable On Sewage Treatment Plant: AAAR

The Maharashtra Appellate Authority of Advance Ruling (AAAR) consisting of members Rajeev Kumar Mital and Ashok Kumar Mehta has ruled that sewage treatment plants (STP) are exempted from the goods and service tax (GST).The appellant, Rashtriya Chemicals and Fertilisers Limited, is in the business of manufacturing and selling fertilisers and industrial chemicals. The appellant has its head office in Mumbai, has two manufacturing plants located in Maharashtra, and has warehouses and...

Cannot Waive The Statutory Mandate of Pre-Deposit Merely On The Plea Of Financial Hardships: Kerala High Court

The Kerala High Court bench of Justice Bechu Kurian Thomas has ruled that the high court cannot waive the statutory mandate of pre-deposit merely on the plea of financial hardships. The petitioner/assessee, a proprietor of an establishment named M/s. Swathi Constructions at Shoranur, is in the business of laying power lines on behalf of people who have executed contracts with the Power Grid Corporation of India. The petitioner has sought relief from the burden of making a pre-deposit...

Detention Of Goods In The Course Of Transportation On The Ground Of Undervaluation: Kerala GST Dept. Issues Instructions

The Kerala Goods and Service Tax Department has issued the instruction on the detention of goods in the course of transportation on the ground of undervaluation with reference to the Kerala High Court judgement in WP (C). No. 30798 of 2019(Y) dated 18.11.2019.The goods belonging to the petitioner in WP (C) No. 30798 of 2019 were detained in a parcel godown by the Intelligence Squad on the ground that the value quoted in the invoice that accompanied the goods was low when compared to the...

Charitable Institution Can't Be Denied Income Tax Exemption For Collecting Service Charges From Its Donors To Defray Administrative Cost: Delhi High Court

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has held that charitable institutions cannot be denied income tax exemption for collecting service charges from their donors to defray administrative costs.The appellant/ department has challenged the orders passed by the Income Tax Appellate Tribunal in which exemption under Sections 11 and 12 of the Income Tax Act, 1961 was allowed to the assessee, India HIV Aids Alliance, when the actual work of the assessee...

Registration Under GST ACT Cannot Be Cancelled By Merely Describing The Firm As 'Bogus': Allahabad High Court

The Allahabad High Court has ruled that registration under GST Act cannot be cancelled by merely describing the firm as 'bogus'. The Single Bench of Justice Saumitra Dayal Singh held that cancellation of GST registration has serious consequences since it takes away the fundamental right of a citizen to engage in business, adding that the revenue authorities have a heavy burden to establish the existence of facts that may allow for cancellation of registration under the GST Act. The...

Source Of Demonetized Notes Collected By Co-Operative Society Explained, ITAT Quashes Addition Made Under Section 68 Of Income Tax Act

The Bangalore Bench of ITAT has ruled that there is no rationale in the action of the Assessing Officer of making additions to assessee's income under Section 68 of the Income Tax Act on the ground that the assessee has violated RBI notifications. The Single Member Bench of B.R. Baskaran (Accountant Member) held that the Assessee Co-operative Society had explained the nature and source of the demonetized notes deposited by it in its bank account and all the transactions had been...

Wrong Declaration In E-Way Bill: Madras High Court Quashes Penalty Under GST As There Was No Intention Of Tax Evasion

The Madras High Court bench of Justice C. Saravanan has quashed the penalty under GST for a wrong declaration in an e-way bill as there was no intention of tax evasion. The petitioner/assessee challenged the order in Form GST Mov-9 seeking to impose a penalty of Rs. 5,00,774 under Section 129 (3) of the CGST Act, 2017. The petitioner had consigned the goods from its main place of business, which was not the additional place of business, as per the original registration certificate...