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Magazine on Tax Update Part-I Dec-Jan-2024

Magazine on Tax Update Part-I Dec-Jan-2024

“The Magazine Series will provide 12 parts  in a year.”

Online Edition: – 05.02.2024

Pages-53

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S.No

CONTENTS

Page No.

GST LAW

1.    

Important Due Date Calendar

4-5
2.    

GST Appeals and Review Mechanism

  • Introduction
  • Various appellate authority
  • Appellate Mechanism
  • Appeals to Appellate Authority
  • Appeal by aggrieved person
  • Appeals before Tribunal
  • Substituted: – Section 109. Constitution of Appellate Tribunal and Benches there of.-
  • Substituted: -Section 110. President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.-
  • Concept of pre-deposit
  • Pre-Deposit before Tribunal under GST Act
  • Appeals by the Department (CGST/SGST) before the AA/ Tribunal
  • Revision by Commissioner (CGST/SGST)
  • Concept of authorised representative
  • Appeal to the High Court
  • Appeal to the Supreme Court
  • Non appealable order

Pre-Deposit before Tribunal under GST Act

No appeal shall be filed under sub-section (1), unless the appellant has paid–

  • Full amount of tax, interest, fine and penalty arising from the impugned order as is admitted by him and
  • Sum equal to 20% of the remaining amount of TAX in dispute in addition to the amount deposited u/s 107(6) arising from the order subject to a maximum of Rs.50 Cr in relation to which the appeal has been filed.  (Section 112(8) of CGST Act)
6-24
3.     AAR GUJARAT GST : – Case Name:  Unique Welding Products Pvt. Ltd: Eligibility of Input Tax Credit on roof-top solar system installation & commissioning 25-26
4.     ALLAHBAD HIGH COURT: – Case Name: Roli Enterprises Vs State of U.P. And 2 Others: – Failing to complete part ‘B’ of e-way bill without tax evasion intent: HC Quashes penalty. 27-28
5.     MADRAS HIGH COURT :- Case Name: – A.H. Enterprises Vs Deputy Commercial Tax Officer :- Personal hearing opportunity mandatory before gst order 29-30
6.     SUPREME COURT: – Case Name: State of Karnataka Vs M/s Ecom Gill Coffee Trading Private Limited: – SC Judgment in case of ECom Gill on ITC and implications under GST 31-34
7.     MADRAS HIGH COURT:- Case Name: – K.I. International (India) Ltd. Vs Principal Secretary:- Section 80 benefit not available if assessee not filed returns & not paid tax 35-39

Income Tax Law

8.    

Compounding of Offences under the Income-tax Act, 1961

  • What is Compounding of offence?
  • Classification of compounding of offences
  • Offences That Cannot Be Compounded
  • Offences for which assessee has been convicted
  • Enabling Others in Tax Evasion
  • Involvement in anti-national or terrorist activity
  • Cases having bearing on a case under investigation
40-50
9.    

JAMMU & KASHMIR AND LADAKH HIGH COURT: – Case Name: – CIT Vs D.N. Memorial Trust: – Trust Registration under section 12AA cannot be denied for  generated Surplus Profit

51-53

 

 

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