"28 March 2021" Archive - Page 4

HC dismisses VAT Assessment order passed merely based on report of Enforcement Wing

Next IT World Vs Assistant Commissioner (CT) (Madras High Court)

Next IT World Vs Assistant Commissioner (CT) (Madras High Court) The respondent in all the three impugned orders had stated that the Inspecting Officers had verified the relevant records and that they had correctly proved along with recorded evidence and that it was accepted by one Thiru.S.Kathir Rajan, who was the Managing Director of th...

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HC dismisses Assessment order for Violation of Natural Justice

OSTRO Anantapura Private Limited vs State of Andhra Pradesh (Andhra Pradesh high court)

OSTRO Anantapura Private Limited vs State of Andhra Pradesh (Andhra Pradesh High Court) Coming to the aspect of violation of principles of natural justice clamored by the petitioner, the impugned order as well as the counter refers to certain notices. So far as CTO (Int), ATP Form VAT 304 dated 12.06.2016 (reference No.2 in the […]...

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Plea seeking to quash notification prescribing MIP dismissed by HC

Pam Agro Industries Vs Union of India (Gujarat High Court)

Pam Agro Industries Vs Union of India (Gujarat High Court) It is not in dispute that the petitioners imported cashew kernel (broken) from Vietnamese suppliers for a price ranging from Rs. 151/- to Rs. 180 /- per kg in Indian currency which is the transaction value ordinarily required to be considered for levy of custom duty […]...

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No section 40A(3) disallowance if AO not doubted genuineness of expenses

Kedar Nath Sawhney Vs ACIT (ITAT Delhi)

Kedar Nath Sawhney Vs ACIT (ITAT Delhi) The assessee in terms of its contract is bound to deliver the goods within the stipulated time. In the course of such transportation, the assessee is bound to incur expenses for putting fuel in the vehicle, payment of toll gate charges, incurring of expenses for routine and exceptional […]...

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Doctor not liable to personally monitor administration of injection by a trained nurse

Bhushan s/o Brijmohan Katta Vs State Of Maharashtra (Bombay High Court - Nagpur Bench)

Bhushan s/o Brijmohan Katta Vs State Of Maharashtra (Bombay High Court -Nagpur Bench) All that is alleged in the present case is that though the petitioner was on duty, he was not physically present in the NICU at the fateful moment. No material has been placed before us that whenever an injection has to be […]...

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Indexed Long-Term Capital Loss from Sale of Government Securities allowable

Peerless General Finance & Investment Company Limited Vs DCIT (ITAT Kolkata)

Peerless General Finance & Investment Company Limited Vs DCIT (ITAT Kolkata) It is observed that the issue relating to the assessee’s claim for Long-Term Capital Loss arising from the sale of Government Securities by applying the Cost Inflation Index was disallowed by the Assessing Officer in the assessment completed under section 1...

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Communicate reason for non-issue of SCN to importer if not issued Within 6 Month of Seizure: HC

Kannan Ramdurai Iyer Vs Commissioner of Customs (Madras High Court)

Kannan Ramdurai Iyer Vs Commissioner of Customs (Madras High Court) In the present case the impugned intimation is dated 30.09.2020, signed on 29.09.2020 by the officer. The date of seizure is 06.03.2020 and the periods of six months (original period of seizure) expires on 05.09.2020. The intimation of extension should have been brought t...

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ITAT directs AO to consider allowability of Additional depreciation claimed during assessment proceedings

Lord Krishna Rice Mills Vs ITO (ITAT Delhi)

Lord Krishna Rice Mills Vs ITO (ITAT Delhi) Whether the assessee can claim additional depreciation which was not claimed in the original return or not claimed through revised return, but, was claimed during the course of assessment proceedings. As per the decision of the Hon’ble Supreme Court in the case of M/s Goetze (India) Ltd. [&hel...

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Interest for Full Month on IT refund despite payment on last day of Month

Maruti Suzuki India Ltd. Vs JCIT (OSD) (ITAT Delhi)

Maruti Suzuki India Ltd. Vs JCIT (OSD) (ITAT Delhi) The disputes pertain to the sole issue of interest under Section 244A of Income Tax Act, 1961  payable by Revenue to the assessee. Vide impugned appellate order  Ld. CIT(A) expressed the view that interest should be given to the assessee under Section 244A of I.T. Act […]...

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Allow revision of GST TRAN- 1 Form electronically or manually: HC

Precision Gasification Services Pvt. Ltd. Vs Union of India (Gujarat High Court)

Precision Gasification Services Pvt. Ltd. Vs Union Of India (Gujarat High Court) The respondents are directed to either open the online portal, so as to enable the writ applicants to again file rectified Form GST TRAN-1 electronically or accept the manually filed from the GST TRAN-1 with necessary corrections on, or before, 18.05.2021. FU...

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