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Bail to CA granted as professional generally acts on instruction of client

October 25, 2023 2193 Views 0 comment Print

Delhi High Court granted the bail to the petitioner (Chartered Accountant) under Prevention of Money Laundering Act 2022 based on the plea of the petitioner that he has acted on the basis of information and records provided by his client.

Merely because person was in charge of company when offence was committed doesn’t attract liability u/s 141(1) of NI Act

October 25, 2023 462 Views 0 comment Print

Supreme Court held that vicarious liability couldn’t be attracted under section 141(1) of the Negotiable Instruments Act, 1881 merely based on the reason that the person was in charge of the company at the time when the offence was committed. Accordingly, criminal complaint quashed.

Relief not granted by HC due to lack of facts and material particulars

October 25, 2023 267 Views 0 comment Print

Delhi High Court held that on account of lack of facts and material particulars, the relief as sought by the petitioner not granted. Concluded that if material facts are suppressed or distorted, the very functioning of writ courts and exercise would become impossible.

Exclusion of period taken for handing over seized material to AO effective only from 01.04.2021

October 25, 2023 753 Views 0 comment Print

Madras High Court held that clause (xi) to Explanation to Section 153B of the Income Tax Act relating to the exclusion of the period taken for handing over seized material to the assessing officer is effective prospectively from 01.04.2021. Accordingly, prior assessment years are held to be barred by limitation.

Addition u/s 153A in amalgamated company relating to entries in books of amalgamating company prior to amalgamation unjustified

October 25, 2023 810 Views 0 comment Print

Held that the entries in the books of account of amalgamating companies prior to amalgamation cannot be part of the additions made under section 153A in the hands of the assessee (i.e. amalgamated company). Accordingly, additions deleted.

Complain about violation of principles of natural justice unjustified as opportunity to make submissions granted

October 25, 2023 816 Views 0 comment Print

Kerala High Court held that person who failed to avail the opportunity granted to him to make submissions cannot complain about the violation of principles of natural justice. Writ not entertained on account of availability of alternative remedy.

Demand of sales tax sustained as discrepancies in sales figures and physical stock not explained

October 25, 2023 456 Views 0 comment Print

Delhi High Court held that as discrepancies in sales figures as well as physical stock not explained, the assessing authority took a fair view in enhancing sales by 10% of net GTO after deducting the stock transfer figure of GTO. Accordingly, levy of tax with interest confirmed.

Arriving at taxable turnover arbitrarily under TNVAT Act without giving value of goods and services untenable

October 25, 2023 768 Views 0 comment Print

Madras High Court held that the arriving at taxable turnover arbitrarily without giving particulars of the value of the goods and value of the services untenable under Tamil Nadu Value Added Tax Act (TNVAT Act).

Interest u/s 234B of the Income Tax Act chargeable on assessed income and not returned income

October 25, 2023 789 Views 0 comment Print

Jharkhand High Court held that interest under Section 234B of the Income Tax Act has to be charged on the assessed income and not on the returned income of an Assessee.

Eligibility of benefit of notification 30/2004-CE vis-à-vis reversal of CENVAT Credit needs fresh determination

October 23, 2023 285 Views 0 comment Print

CESTAT Mumbai held that eligibility of benefit of notification no. 30/2004-CE dated 9th July 2004 owing to reversal of CENVAT Credit needs to be examined by lower authorities. Accordingly, matter restored back to original authority for fresh determination.

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