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Archive: 06 March 2022

Posts in 06 March 2022

GST Registration cannot be cancelled in violation of principles of natural justice

March 6, 2022 3147 Views 1 comment Print

Latika Ghosh Vs  Commercial Tax Officer/Assistant Commissioner (Calcutta High Court) 1. The court ordered for the restoration of the appellant’s certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is […]

Writ against SCN not maintainable if no objection was filed against the same

March 6, 2022 3432 Views 0 comment Print

Sri Rajendra Narayan Mohanty Vs CT & GST (Orissa High Court) Since the Petitioner has come up before this Court without raising any objection or filing any reply to the said Show Cause Notice, we are not inclined to entertain the writ petition at this stage. The contentions of the Petitioner are in the nature […]

Full Disclosure of Food Article being Veg or Non-Veg is Fundamental Rights: HC

March 6, 2022 3558 Views 0 comment Print

Ram Gaua Raksha Dal Vs UOI (Delhi High Court) Since the right of every person under Article 21 and Article 25 is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non vegetarian is made a part […]

Section 69A addition not justified for Amount received through Bank, duly recorded in books & explained by Assessee

March 6, 2022 6798 Views 0 comment Print

Entries relating to advances received from Hardev Singh and his son Maninder Singh Sahi from Canada were recorded in books of account and assessee also explained that amount was received as an advance for making investment in property by said person, and assessee was engaged in the property business. Assessee also requested AO to summon concerned party under section 131 but AO did not accede to the request of assessee and made the addition, therefore, addition made by AO was not justified.

HC quashes order for Confiscation of car for alleged use in Smuggling passed without opportunity of hearing 

March 6, 2022 759 Views 0 comment Print

As per Section 115(2) of the Customs Act, 1962 Any conveyance or animal used as a means of transport in the smuggling of any goods or in the carriage of any smuggled goods shall be liable to confiscation, unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal

ITAT allows HRA allowance for Rent paid to Spouse

March 6, 2022 15531 Views 0 comment Print

Abhay Kumar Mittal Vs DCIT (ITAT Delhi) it was submitted that Income Tax Act does not prohibit claiming HRA exemption on the rent paid to one’s spouse, that her wife is qualified medical practitioner and she has returned the loan extended to her by the assessee from liquidation of mutual funds and fixed deposits. We […]

Vested right of taxpayer cannot be defeated for Technical Glitches in GSTN

March 6, 2022 6264 Views 1 comment Print

Bodal Chemicals Ltd. Vs Union of India (Gujarat High Court) HC held that GST department cannot raise their hands in despair saying that it is not possible to correct or take care of the technical glitches. The writ applicant herein has been running from pillar to post requesting the respondents to provide a solution and […]

Geo-location enabled for for new GST registration & amendment

March 6, 2022 15516 Views 1 comment Print

GSTN enabled a new feature of Geo-location for new registration and amendment of address for existing registration The Goods and Services Tax Network (GSTN) has enabled new feature of Geo-location for picking address for new registration and amendment of address for existing registration.  

How To Write The Synopsis

March 6, 2022 18492 Views 1 comment Print

Introduction: The Summary of the Arguments (hereafter referred as ‘synopsis’) are the best reasons why one should win the case. Authorities often read the Synopsis first, so it sets up the arguments by giving the authority the context to view it favorably. For an authority who doesn’t have time to read the whole brief, the […]

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