high court judgments - Page 2

Rejection of C Forms without giving opportunity to Rectify Defects is invalid

M/s. Srinidhi Oil Products Vs Additional Commissioner (CT) (Andhra Pradesh High Court)

Before rejecting the C-Forms as containing discrepancies, the revisional authority should have returned the C-Forms and given an opportunity to the dealer to rectify the defects....

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Levy of Capital Gain Tax when assessee denies ownership and sale

Smt. Uppada Sarvani Vs ITO (Hyderabad High Court)

Admittedly, the petitioner has lodged a police complaint that her name has been misused in a document in respect of a property of which she is not the owner. Therefore, the matter requires further detail prob....

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TRO cannot attach property subjected to SARFAESI recovery proceedings

State Bank of India & Anr. Vs ITO (Orissa High Court)

Where properties attached by Tax Recovery Officer (TRO) had already been subjected to recovery proceedings by a secured creditor under SARFAESI Act, 2002, the attachment order was quashed in view of section 35 of SARFAESI Act which makes it clear that the Act would override other laws and would have effect notwithstanding anything inconsi...

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Busy in time-bearing assessments is not an excuse for delay: HC

Commissioner of Income Tax- 4 Vs Historic Infra con (Delhi High Court)

The mere fact that the Assessing Officer was busy in other time- bearing assessments can hardly be an excuse, particularly given the fact that under Section 260A of the Income Tax Act, 1961, the time period for filing of an appeal is 120 days. No other statute prescribes the time period of over three months. Moreover, there is no explanat...

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Neglect to pay despite winding up notice, in law is to be deemed to be insolvent

Balkrishna Commercial Co. Ltd. Vs. Ask Dairies (P.) Ltd. (Rajasthan High Court)

Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II This petition filed by the petitioner company M/s. Shree Balkrishna Commercial Company Limited (hereinafter ‘the petitioner company’) under section 434 of the Companies Act, 1956 (hereinafter ‘the Act of 1956’) seeks winding up ...

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HC refuses to direct ICAI to expedite Professional Misconduct hearing

Wholesale Trading Services P Ltd. Vs ICAI and Anr (Delhi High Court)

The division bench of the Delhi High Court dismissed a petition filed against ICAI seeking expedite hearing on a complaint relating to Professional Misconduct. The petitioners, Wholesale Trading Services P Ltd, approached the High Court seeking a direction to the Institute of Chartered Accountants of India (ICAI) to complete the inquiry o...

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Service Tax on Renting of immovable property is Constitutional: Allahabad HC

N.K. Bhasin Vs Union of India (Allahabad High Court)

Nature of the transaction made by the Petitioner with its tenant clearly amounts to renting of an immovable property for the purpose of business or commerce and is, therefore, clearly covered by Section 65(90­a) of the Finance Act, 1994 and service tax is clearly livable thereon...

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Finding of incriminating material during search of third party is a pre-requisite for exercise of power U/s. 153C r.w. section 153A

CIT Vs Veerprabhu Marketing Ltd. (Calcutta High Court)

Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II Materials such as books of account, documents or valuable assets found during a search should belong to a third party which would lead to an inference of undisclosed income of such third party. Such an inference should be recorded by the Assessing [&he...

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RLNG supplied by GAIL is not CNG and is Taxable under UP VAT Act

M/S Bhushan Steel Limited Vs The Commissioner, Commercial Taxes (Allahabad High Court)

Join GST Online Certification Course by GST Professionals & TaxGuru.in – Batch II 1. Whether ‘Regasified Liquefied Natural Gas’ i.e. ‘RLNG’, sold to revisionist by Gas Authority of India Ltd. i.e. ‘GAIL’ is ‘Compressed Natural Gas (CNG)’, so as to oust it from the purview of taxing Ent...

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Addition upheld for cash deposit in bank claimed against withdrawals

Smt. Kavita Chandra Vs CIT (Appeals) (Punjab & Haryana High Court)

The withdrawals have been found to be subsequently redeposited after a gap of two or three months which is not probable. The assessee therefore we find has not been able to link the cash withdrawn from the bank with cash deposit we therefore uphold the order of the learned CIT(A) treating the cash deposit of Rs. 14,20,212/- as unexplained...

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