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Highlights / Annotations / Catch Notes For July

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July 4, 2024 Circulars GST - States

Strict SOP for GST registration cancellation of fraudulent taxpayers. Curbing fake invoices, wrongful ITC claims. Evidence-based scrutiny, reasoned orders.
July 4, 2024 Circulars GST - States

Services by directors in personal capacity exempt from RCM. Official services attract RCM. Cinema food taxed at 5% GST if unbundled.
July 4, 2024 Circulars GST - States

KGST Act: Recipient can avail ITC on RCM supplies from unregistered suppliers in FY when invoice issued, subject to conditions.
July 4, 2024 Circulars GST - States

Import services from related parties: Recipient's invoice value deemed open market value if full ITC eligible. Nil value treated as open market value if no invoice.
July 4, 2024 Circulars GST - States

Circular clarifies special procedure for manufacturers. Allows substitutions, certifications for unavailable details. Sale price for non-MRP goods. Eligibility criteria defined. Exemptions apply.
July 4, 2024 Case Laws GST

Petition dismissed for delay. Approach Appellate Commissioner after depositing 25% disputed tax (10% mandatory + 15% for delay). Deposit within 30 days.
July 4, 2024 Case Laws GST

Order quashed for denying oral hearing before adverse assessment. Mandatory hearing in heavy liability cases. Fresh notice to petitioner in 2 weeks.
July 4, 2024 Case Laws GST

Tax notice missed online, court allows fresh hearing on depositing 10% tax. Order quashed, case remanded for new decision.
July 4, 2024 Case Laws GST

Mismatch in tax credits claimed by petitioner. Court granted partial relief by cancelling tax demand, subject to Rs. 10,000 deposit. Fresh hearing ordered.
July 4, 2024 Case Laws GST

Tax appeal allowed after deposit. Authority to decide swiftly within 3 months.
July 4, 2024 Case Laws GST

Tax demand overlapped for same years. But lack of response to notices requires fresh orders after proper consideration.
July 4, 2024 Case Laws GST

Applicant granted bail for false tax claims from fake firms! Multiple firms, no real business. High Court cites ARNESH KUMAR case.
July 4, 2024 Case Laws GST

Petitioner's GST reg was cancelled for not filing returns. High Court found error, remitted for fresh orders. Petitioner must deposit 10% disputed tax for rehearing.
July 4, 2024 Case Laws GST

Petitioner's appeal under GST Act rejected. Delay in filing justified, lack of online response opportunity cited. Directions for decide the case of merit issued.
July 4, 2024 Case Laws GST

High Court clarifies interest on delayed tax payment only applicable from due date to actual deposit in cash ledger. Precedents cited. Petition allowed.
July 4, 2024 Case Laws GST

Court rules denial of oral hearing violates natural justice. Even if not requested, authority must provide it before adverse decision.
July 4, 2024 Case Laws GST

Court said pay 20% of tax, not interest! Follow statutes for fair rulings. Appeal allowed.
July 4, 2024 Case Laws Income Tax

Court rules no tax on software royalties to foreign resident, citing DTAA. No copyright rights = no tax deduction.
July 4, 2024 Case Laws Income Tax

Court clarifies no need to deduct tax on payments to non-residents. Previous decision accepted. Temple repairs and school construction expenses not taxable.
July 4, 2024 Case Laws Income Tax

High Court decision: Trust denied exemption due to filing error. Trust eligible for exemption. Reconsideration ordered within 3 months.
July 4, 2024 Case Laws Income Tax

The Tribunal decided the property purchase right transfer as long-term gain. Deduction claim u/s 54F allowed.
July 4, 2024 Case Laws Income Tax

Employees' foreign travel reimbursement is taxable. TDS liable to be deducted. Similar case precedent cited.
July 4, 2024 Case Laws Income Tax

Appellate Tribunal rules in favor of assessee on income classification issue, penalty deemed unjustified.
July 4, 2024 Case Laws Income Tax

ITAT ruled no speculative transactions as actual delivery to buyer. Interest disallowance rejected for business purposes. Precedent followed.
July 4, 2024 Case Laws Income Tax

Society wins tax appeal! Tribunal says society exempt from sec.13 rules. CBDT Circular supports decision. Assessing Officer's disallowance void.
July 4, 2024 Case Laws Income Tax

The tax tribunal overturned a decision to reassess a taxpayer based on incorrect info from a bank.
July 4, 2024 Case Laws Income Tax

Income from investments in non-cooperative banks not eligible for deduction under sec 80P(2)(d). Assessing Officer to consider other sections or deduction u/s 57.
July 4, 2024 Case Laws Customs

High Court case on denial of cross-examination for supari classification. Importance of cross-examination emphasized. Petitioner can appeal within 10 days.
July 4, 2024 Case Laws Customs

Tribunal boosts value of imported goods due to undervaluation alert, citing lack of consideration for key documents.
July 4, 2024 Case Laws Customs

In a customs case, penalties & confiscation found unjustified due to procedural errors. Commissioner exceeded authority.
July 4, 2024 Case Laws Customs

Dispute over customs duty refund denied by tribunal. Appeal assessments before refund claim. All assessments appealable.
July 4, 2024 Case Laws Customs

Dispute over duty on goods from Zanzibar, warehoused in UAE. Importer lacked proof of direct dispatch. Errors in notice highlighted. Case remanded for fresh decision.
July 4, 2024 Case Laws Customs

Importer appeal dismissed by CESTAT due to value below Rs. 50 lakhs limit set by CBIC.
July 4, 2024 Case Laws Companies Law

In a liquidation case, claims should be decided until provisional liquidator's appointment. Bank of Baroda's dual claims were valid.
July 4, 2024 Case Laws Insolvency and Bankruptcy

NCLAT addressed contempt petition on RP fees. Adjudicating Authority can set fees under CIRP Regulations. Financial Creditor to pay fees and expenses.
July 4, 2024 Case Laws Insolvency and Bankruptcy

NCLAT upheld CoC's approval of resolution plan by SRA, dismissing claims of valuation irregularities. Commercial decision supported by 100% voting share.
July 4, 2024 Case Laws Insolvency and Bankruptcy

NCLAT extends plan implementation time due to ongoing litigation. Liquidation avoided as resolution plan in place.
July 4, 2024 Case Laws Insolvency and Bankruptcy

NCLAT clarified that certain allottees must meet new criteria for filing insolvency under IBC. Allottees like appellants must adhere to rules. Appeal denied.
July 4, 2024 Case Laws Insolvency and Bankruptcy

The tribunal ruled that a Rs.1 crore threshold must be met for maintainability of a section 9 application. Interest dispute led to dismissal.
July 4, 2024 Case Laws Insolvency and Bankruptcy

The court ruled against a company for not following a plan, emphasizing on timely action and responsibility.
July 4, 2024 Case Laws FEMA

High Court ruled in favor of petitioner in FERA case. Complaint lacked proper authorization & supporting evidence. Petitioner exonerated from criminal prosecution.
July 4, 2024 Case Laws Money Laundering

High Court denied bail in a money laundering case involving leasing Waqf properties. Accused misled about surgery, evidence pointed to criminal conspiracy.
July 4, 2024 Case Laws Service Tax

The court ruled non-payment of tax for construction services. Services to educational premises exempt, but not for appellant. Penalties upheld.
July 4, 2024 Case Laws Indian Laws

High Court resolved dishonored cheque case through Mediation Center settlement. Respondent withdrew complaints, emphasizing upholding settlements.
July 4, 2024 Case Laws Indian Laws

High Court rules on arbitration award challenge, upholding deductions for service charges, production charges, and service tax.
July 4, 2024 Case Laws Indian Laws

High Court clarifies: Individuals in charge of company can be held liable in cheque dishonor cases. Legal responsibility upheld u/ss 138 and 141 of NI Act.
July 4, 2024 Case Laws Indian Laws

High Court determines compensation for motor accident: Rs. 30,88,592 + 7% interest. Insurance Company to pay in 8 weeks.
July 3, 2024 Case Laws Income Tax

Validity of re-assessment notice: The Tribunal ruled in favor of assessee, declaring JAO's notice invalid u/s 151A.
July 3, 2024 Case Laws GST

High Court rules in favor of delayed appeal due to retrospective tax law change. Appellate authority to reconsider impact.
July 3, 2024 Case Laws GST

High Court: Starting production before approval doesn't deny incentives under Bihar Industrial Incentive Policy. Order set aside, payments due in 3 months.

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F: INTERMEDIARY SERVICES OR EXPORT SERVICES