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Archive: January, 2023

Posts in January, 2023

DGGI withdraw contempt petition which was filed instead of taking coercive measure to secure presence of accused 

January 13, 2023 621 Views 0 comment Print

Directorate General of GST Intelligence Vs Nikit Mittal (Jharkhand High Court) This Court has perused the order passed in W.P.(Cr.) No. 415 of 2018 and other analogous cases and Cont. Case (Cvl) No. 665 of 2019 and other analogous cases as also the order passed by the writ Court in W.P.(Cr.) No. 14 of 2019 […]

Calcutta HC Directs Refund of admitted refundable VAT amount With Interest

January 13, 2023 543 Views 0 comment Print

Alkem Laboratories Limited Vs Joint Commissioner of Sales Tax (Calcutta High Court) Petitioner has filed this writ petition being aggrieved by the inaction on the part of the respondents Authority concerned in refunding the admitted refundable amount as indicated in pages 30,31 and 32 of the writ petition which comes around Rs.5,58,54,103.61 in total. Petitioner […]

Section 153A proceedings invalid in absence of valid search warrant

January 13, 2023 2049 Views 0 comment Print

CIT Vs Sikhya ‘O’ Anusandhan (Orissa High Court) Court in the first round of litigation accepted the legal position that without there being a valid search warrant authorizing the search in the premises of the Assessee under Section 132 of the Act, the question of initiating proceedings under Section 153A of the Act did not […]

GST- Avoidance of undue harassments to taxpayers – Instructions

January 13, 2023 13947 Views 0 comment Print

It is noticed that summons, notices and letters are being issued to taxpayers in a routine and casual manner and in piecemeal calling for information/documents and in many cases, the taxpayers were also required to furnish copies of returns and records which are very well available in the portal itself. This kind of attitude is viewed by the Trade bodies as harassment and pressure tactics and thus brings disrepute to the Department.

CESTAT dismisses appeal against Commissioner (Appeals) order rejecting application filed by appellant for rectification of mistake in earlier order

January 13, 2023 1245 Views 0 comment Print

National Fertilizers Limited Vs Commissioner CGST & Service Tax (CESTAT Delhi) It is not possible to accept the contentions advanced by the learned counsel for the appellant. It is not in dispute that the issues that arose in all the three appeals were identical. It is true that the Department had filed one appeal only […]

CBIC directs offers/Officials to follow Cyber Security Guidelines

January 13, 2023 1200 Views 0 comment Print

All officers/officials of Department of Revenue are required to follow the following Cyber Security Guidelines issued by the NIC to ensure Cyber Security in Department:-

Object beneficial to a section of public is an object of general public utility

January 13, 2023 768 Views 0 comment Print

An object beneficial to a section of the public is an object of general public utility. But the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public order or impersonal nature.

Addition u/s 69 based on tally data having various discrepancy is unsustainable

January 13, 2023 2853 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act based on tally data having various inherent discrepancy is unsustainable as AO failed to verify or ask the assessee to reconcile the same from actual books of accounts or physical stocks.

Application u/s 60(5) permissible for carrying out duties entrusted to IRP u/s 18 of IBC, 2016

January 13, 2023 1308 Views 0 comment Print

NCLAT Delhi held that an application by the Resolution Professional under section 60(5) of IBC, 2016, to direct the tenant to vacant the property of Corporate Debtor, permissible for carrying out the duties entrusted to the IRP under Section 18 of the Code.

Application u/s. 9 of IBC, 2016 rejected due to pre-existing dispute

January 13, 2023 966 Views 0 comment Print

NCLT Delhi held that this Adjudicating Authority is not a dispute redressal forum. Accordingly, so long as a dispute truly exists in fact and is not spurious, hypothetical and illusory, the adjudicating authority has to reject the application u/s. 9 of the Insolvency and Bankruptcy Code, 2016.

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