Income Tax in Media

Income Tax can seize properties even if real owner is untraceable: Court

In a significant ruling, a quasi-judicial body has upheld the Income Tax (I-T) department’s ability to attach properties under the anti-benami law even if the actual owner of the property is not identified. The ruling, issued by the Adjudicating Authority set up under the Prohibition of Benami Property Transactions (PBPT) Act, 1988, confirms that the law provides a mechanism to deal with cases where the actual owners or the person who paid for the property cannot be traced.

GST ArticleHigh Court

GST refund can be granted under IDS as per the modified formula

The Hon’ble Gujarat High Court in the case of Tirth Agro Technology Pvt. Ltd. & Anr. allowed the writ petitions seeking GST refund under Inverted Duty Structure based on Section 54(3) of the CGST Act read with Rule 89(5) of the CGST Rules. The Assessee filed a rectification application for differential refund as per the amended formula which was rejected by issuance of SCN on the ground that refund as per the old formula was already granted to the Assessee…

GST ArticleHigh Court

Accused/Taxpayer cannot be kept in custody beyond the period of sixty days if complaint has not been filed pursuant to investigation for offences specified under GST Laws

The Hon’ble Delhi High Court in the case of Commissioner of Central Tax, GST dismissed the writ petition filed by the Department and held that, Accused/Taxpayer cannot be kept in custody beyond a period of more than sixty days when the complaint, pursuant to the investigation, relating to offences specified under GST Laws has not been filed.  The said relief has been granted by invoking the powers under Section 167(2) of the Criminal Procedure Code, 1973 (“CrPC”) [Now Section 187(3) of Bharatiya Nagarik Suraksha Sanhita].