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Archive: 03 August 2021

Posts in 03 August 2021

HC set aside assessment order passed without issuing show cause notice-cum-draft assessment order

August 3, 2021 5082 Views 0 comment Print

YCD Industries Vs National Faceless Assessment Centre (Delhi High Court) The statute [i.e. Section 144B(1)(xiv), (xv), (xvi)b and (xxii)] provides for issuance of a show cause notice-cum-draft assessment order, and an opportunity to the petitioner/assessee to respond to the same where income of the assessee is varied by the respondent/revenue. Admittedly, the petitioner’s income was […]

Section 144B(7) get triggers if petitioner’s income got varied

August 3, 2021 1821 Views 0 comment Print

Satia Industries Limited Vs National Faceless Assessment Centre (Delhi High Court) In the case of Satia Industries Limited Vs. National Faceless Assessment Centre, Delhi in W.P.(C ) 5587/2021 & CM APPL. 17382/2021 (Delhi High Court), it has been considered that since an adverse view was taken, and petitioner’s income got varied, provisions of section 144B(7) […]

HC set aside Assessment order passed despite request for adjournment due to family admitted to Hospital

August 3, 2021 1011 Views 0 comment Print

Sudhir Desh Ahuja Vs National Faceless Assessment Centre & Ors (Delhi High Court) Impugned orders are liable to be set aside for the following reasons: (i) Firstly, the AO failed to deal with the request of the petitioner, for according an adjournment in the matter. Wife and son of the petitioner were admitted to hospital […]

SC quashes Service Tax Demand on G. D. Goenka World Institute

August 3, 2021 2217 Views 0 comment Print

G. D. Goenka World Institute Vs Union of India (Supreme Court of India) This appeal takes exception to the judgment and orders dated 06.12.2018 passed by the Customs, Excise and Service Tax Tribunal at Chandigarh vide Interim Order No. IO/60/2018 [DB] in Appeal bearing Diary No. 602532016, whereby the prayer to excuse the appellant from […]

Accounting Standards- A New Move To Compliance: Defining “Small And Medium Sized Company” (SMC)

August 3, 2021 86058 Views 0 comment Print

Accounting Standards- A New Move To Compliance: Defining ‘Small And Medium Sized Company’ (SMC) On 23rd June, 2021, the Ministry of Corporate Affairs (MCA) has come with the rules pertaining to Accounting Standards. The rules got the green signal and became final and published in the Official Gazette on same day i.e. June 23, 2021. […]

No Demand can be raised during investigations: Telangana HC

August 3, 2021 5007 Views 0 comment Print

The petitioner, being an assessee under Telangana GST Act, 2017, CGST Act, 2017, and IGST Act, 2017 is issued a letter specifying, Input Tax Credit (ITC) availed by them are on the basis of fake invoices issued by certain fictitious suppliers/firms. The letter further specifies that, ITC availed by the petitioner is in a fraudulent manner without receiving any material, and the petitioner was requested to reverse ITC on such invoices.

Speaking Order

August 3, 2021 47247 Views 3 comments Print

Understand the importance of a speaking order in legal proceedings. Find out why a reasoned order is essential for upholding natural justice.

HC deprecates practice of lawyers to abstain from work in Courts

August 3, 2021 1002 Views 0 comment Print

Prafull Kumar Vs State of U.P (Allahabad High Court) It is common knowledge that there is mounting pendency in the Courts. The Judiciary blames the Bar for their disinclination to wrap up the cases by seeking regular adjournments and filing frivolous applications to stall the process of law. The Judiciary is also concerned with the […]

Tax Residency Certificate

August 3, 2021 169887 Views 11 comments Print

Under law, identity or recognition of a person is established by relevant documents mentioned under those laws. For example passport establishes citizenship; Aadhar Card establishes residency for the purpose of government subsidies and benefits. In the same way, residency under direct tax laws is established by ‘Tax Residency Certificate’ also known as ‘TRC’. In one […]

Decoding Section 87A: Rebate Provision Under Income Tax Act

August 3, 2021 15795 Views 1 comment Print

In order to provide relief and lessen the burden on small taxpayers, the Government had announced the tax rebate scheme by introducing Section 87A in the Income Tax Act. Introduction of Section 87A Section 87A was introduced in Income Tax Act through the Finance Act, 2003. As per the Income Tax Act, any individual being […]

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