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Archive: January, 2023

Posts in January, 2023

Rs. 258 cr GST Scam accused granted bail by Chhattisgarh High Court

January 1, 2023 1134 Views 0 comment Print

Paritosh Kumar Singh Alias Diwakar Choudhary Vs Senior Intelligence Officer (Chhattisgarh High Court) 1. This is second application on behalf of applicants under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail as applicants are in custody since 25.1.2021 in connection with Crime/DDGI Case No.124/2020-21 registered in the office of the […]

Section 271D penalty cannot be imposed on amount disallowed under section 40A(3)

January 1, 2023 1980 Views 0 comment Print

Once, it is established that these payments are for construction contract and particularly the AO has made disallowance by invoking the provisions of section 40A(3) of the Act, no disallowance can be made by invoking the provisions of section 269SS of the Act for levy of penalty u/s.271D of the Act.

HC decision continue to apply despite appeal against the same unless reversed or stayed by SC

January 1, 2023 1236 Views 0 comment Print

CIT, International Taxation Vs Westin Hotel Management LLP (Delhi High Court) 1. Present Income Tax Appeals have been filed challenging the common order dated 29th April, 2022 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 2013/Del./2019 for Assessment Year (‘AY’) 2015-16 and ITA No. 2012/Del./2019 for AY 2015-16. 2. Learned Counsel for […]

Delhi HC Warns Dept for Non-Disbursal of GST Transitional Credit despite its Order

January 1, 2023 846 Views 0 comment Print

Mauria Udyog Ltd. Vs Union of India (Delhi High Court) It appears that in the present case, there was a technical problem that was required to be resolved. The respondents have now resolved the same by opening the portal for filing the revised forms including TRAN-1. Although this Court is of the view that if […]

SC cannot exempt Spinal Muscular Atrophy Medicine from GST

January 1, 2023 1179 Views 0 comment Print

Cure Sma Foundation of India Vs Union of India (Supreme Court) By way of this petition filed under Article 32 of the Constitution of India in the nature of Public Interest Litigation (PIL), the following prayers/reliefs are sought : (a) Pass a writ of and/or writs in the nature of mandamus directing the respondent to […]

Assessment Order passed without considering objection against section 148A(b) Notice is invalid

January 1, 2023 1413 Views 0 comment Print

Assessment Order has been passed without considering the objection filed by the petitioner against the notice under Section 148A(b) of the Act and also on the ground that the said order is in violation of principle of natural justice by not affording any opportunity of hearing to the petitioner in spite of specific request.

No SSI Exemption on Manufacture of Power Driven Pumps without BIS & ISI Certification

January 1, 2023 552 Views 0 comment Print

Admittedly the appellant’s product is not in conformation to BIS standard as specified in notification. They have not obtained any ISI certificate. Therefore, exemption of SSI notification 08/2003-CE as amended, is not admissible to appellant

Income Tax addition based on mere doubt and suspicion not sustainable

January 1, 2023 2577 Views 0 comment Print

Narender Kumar Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding, the assessee had explained the source of cash deposits in the bank account by stating that it was out of gift received from his grand-father Shri Phool Singh. The Assessing Officer, however, has rejected assessee’s claim as the notice issued under Section 133(6) […]

Objections by Corporate Debtor to Oppose IBC Section 9 Petitions Not To Be A Moonshine Defence

January 1, 2023 1809 Views 0 comment Print

Only question to be looked in Section 9 Application is as to whether the objection raised by the Corporate Debtor opposing claim of the Operational Creditor is not a moonshine defense.

Writ dismissed as order passed didn’t violated principles of natural justice

January 1, 2023 975 Views 0 comment Print

Kerala High Court dismissed the writ petition stating that the impugned order cannot be held to be in violation of principles of natural justice as the said order was preceded by a show cause notice and the petitioner was given an opportunity to reply to the same.

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