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Archive: 15 March 2022

Posts in 15 March 2022

GST Refund Application cannot be rejected merely for delay: HC

March 15, 2022 14325 Views 0 comment Print

Gamma Gaana Limited Vs Union of India (Allahabad High Court) GST Refund Application cannot be rejected on mere ground of delay in the light of Supreme Court Order – High Court of Allahabad The Hon’ble High Court of Allahabad has declared in Gamma Gaana Limited Vs. Union of India & 3 others in Writ Tax […]

CIT(A) is expected to decide the appeal with reasons: ITAT Pune

March 15, 2022 816 Views 0 comment Print

CIT(A) did disposed of the case, ex parte of assessee. Under section 250 (6) of Income Tax, CIT(A) is expected to decide the appeal with reasons determining the points thereon.

HC set aside faceless assessment order passed after allowing mere 1 day to respond to SCN & imposes cost on AO

March 15, 2022 4491 Views 0 comment Print

By his/her conduct, the Assessing Officer has compelled petitioner to knock at the doors of this Court and thereby has also impinged on the valuable judicial time of this Court. In our view, this is a fit case where this Assessing Officer should be saddled with substantial cost to drive home a message that this kind of attitude will not be tolerated ever.

HC quashes GST order for not providing Fair opportunity of hearing to Assessee

March 15, 2022 2478 Views 0 comment Print

Ajay Kumar Singh Vs State of Bihar (Patna High Court) HC held that this Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, we form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity […]

Mistake in section 234C interest calculation: ITAT directs AO to check

March 15, 2022 2745 Views 1 comment Print

ABB Limited Vs Additional CIT (ITAT Bangalore) Learned AR has given a table, wherein it is claimed that excess payment of advance tax for the 1st and the last quarter has been ignored while calculating interest u/s 234C of the I.T. Act. ITAT directs A.O. to examine the correctness of the claim of the assessee […]

Section 80-IA deduction eligible on interest on Bond having direct nexus with business

March 15, 2022 1971 Views 0 comment Print

Odisha Power Generation Corporation Ltd. Vs ACIT (Orissa High Court) In the instant case, the Assessee has no other source of income except through generation and sale of power. All its receipts and expenditure relate to a single activity of power generation. There is no dispute that it is an industrial undertaking covered under Section […]

Section 148A notice e-signed on 31.03.2021 but mailed on 16.04.2021 is invalid

March 15, 2022 57834 Views 0 comment Print

High Court  held that after 1/04/2021, it is mandatory requirement that prior to re-assessment proceedings notice under section 148-A of Income Tax Act, 1961 should be issued to assesseee. Accordingly, the impugned notice dated 31/03/2021 (served through Email to the petitioner on 16/04/2021) stands quashed.

Employee’s Compensation Act: Interest payable from accident date

March 15, 2022 3678 Views 0 comment Print

Shobha & Ors. Vs  Chairman, Vithalrao Shinde, Sahakari Sakhar Karkhana Ltd. & Ors. (Supreme Court) As per Section 4A of Employee’s Compensation Act, 1923 compensation under Section 4 shall be paid as soon as it falls due. It can be seen that the liability to pay the interest on the amount of compensation due and payable would […]

S.148 NI Act | Deposit of Minimum 20% of Fine in Appeal is Mandatory

March 15, 2022 59454 Views 0 comment Print

G.k. Construction Company Vs Balaji Makan Samagri Stores (Rajasthan High Court) The core question whether the usage of word ‘may’ in section 148 of Negotiable Instruments Act, 1881 provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount, is required to be dilated […]

No penalty merely for Disallowance of Bonafide Deduction Claim

March 15, 2022 2091 Views 0 comment Print

It is to be noted that penalty under Section 271(1)(c) of the Act is not automatic. If assessee offers reasonable explanation, then, penalty cannot be imposed.

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