"January, 2023" Archive - Page 148

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

Rajesh Kumar Agarwal & Sons (HUF) Vs Union of India & Ors. (Calcutta High Court)

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

Jay Dan Gigev Welding Works Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)

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

Narender Kumar Vs ITO (ITAT Delhi)

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 Secti...

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

Krishna Hi-Tech Infrastructure Pvt. Ltd. Vs Bengal Shelter Housing Development Ltd. (NCLAT Delhi)

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....

Posted Under: Income Tax | |

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

Viswabharathi Medicals Vs ITO (Kerala High Court)

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....

नए साल पर आयकर दायरा बढ़ने की उम्मीद

वर्ष २०१४ से आयकर मुक्त सीमा जो एक मध्यम वर्गीय के लिए २.५० लाख रुपए प्रति वर्ष की बनी है, वह आज २०२२ में भी वैसी ही है. शायद सरकार को आ...

Posted Under: Income Tax |

HC directs to decide on application for compounding of offence related to TDS

Hemant Nevandram Lalwani Vs ITO (TDS) (Bombay High Court)

Hemant Nevandram Lalwani Vs ITO (TDS) (Bombay High Court) 1. A complaint u/s. 276B, r/w. section 278B of the Income Tax Act, 1961, relevant to the Financial Year 2016-17, has been filed and is pending before the Court of learned Additional Chief Metropolitan Magistrate’s 38th Court at Mumbai. The said complaint has been filed against [&...

Mere change of opinion not based for reopening of assessment

PCIT Vs Lanco Hills Technol park pvt. Ltd (Telangana High Court)

Telangana High Court held that as all the material facts were fully and truly disclosed reopening of assessment on mere change of opinion is unsustainable in law....

Non-formation of GST Tribunal: Gujarat HC issues notice to Govt

Firmenich Aromatics Production (India) Private Limited Vs Union of India (Gujarat High Court)

Firmenich Aromatics Production (India) Private Limited Vs Union of India (Gujarat High Court) 1. The petitioner is a private limited company, registered under the provisions of the Companies Act, 1956, is aggrieved by the action of the respondent authority in rejecting the refund claim of the petitioner vide order dated 29/07/2022 and uph...

HC set-aside GST Registration cancellation order passed in violation of Rule 25

Kpm Enterprises Vs The Commissioner, Delhi Goods And Service Tax & Ors (Delhi High Court)

Kpm Enterprises Vs The Commissioner, Delhi Goods And Service Tax & Ors (Delhi High Court) Appellant submit that alleged inspection by GST department, is in violation of the Rule 25 of 2017 GST Rules as the petitioner was not afforded any opportunity to be present at the site. Further, the respondent has also not uploaded […]...

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October 2023