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Technology to facilitate taxpayer & cannot be used to harass an assessee

August 30, 2021 1362 Views 0 comment Print

Krishan Agarwal Vs. PCIT (Delhi High Court) This Court is of the opinion that technology is intended to ease and facilitate transactions and cannot be used as a basis for harassing an assessee by asking him to repeatedly file unnecessary and irrelevant forms. This Court is also of the view that the software and the […]

Uttarakhand HC ruling on reversal of ITC on non deposit by supplier

August 28, 2021 3309 Views 0 comment Print

Narula Menthol Vs UOI & Ors. (Uttarakhand High Court) 1. Hon’ble Uttarakhand High Court has quashed the demand intimation letters issued by the GST Dept. which directed the Petitioner to reverse the ITC amounting to Rs. 1.75 Cr on the basis that the supplier from whom the goods were purchased, has failed to deposit the […]

Delhi HC Ruling On Refund of Amount Adjustment Towards Pre-Deposit In Excess of 20%

August 27, 2021 2775 Views 0 comment Print

This Court is of the view that the respondents are entitled to seek pre-deposit of only 20% of the disputed demand during the pendency of the appeals in accordance with paragraph 4(A) of the office memorandum dated 29th February, 2016, as amended by the office memorandum dated 25th August, 2017.

Delhi HC Issues Notice – Why Form GSTR 2 & 3 Not yet Operational

August 21, 2021 9279 Views 0 comment Print

United Construction Co. Vs Union of India (Delhi High Court) 1. Delhi HC has issued notice and directed the Secretary, Revenue to file an affidavit as to why FORMS GSTR-2 and  GSTR-3  have not been made operational despite the CGST having come into force four years ago. 2. The High Court noted that non-uploading of […]

Impact on India over Taliban/ Afghanistan Development

August 20, 2021 1386 Views 0 comment Print

A. With the siege of power in Afghanistan by the militant sect Taliban, bilateral trade between India and the country is currently at high risk, the Confederation of Indian Traders (CAIT) cautioned on Tuesday. The traders’ association also alerted domestic exporters and urged the Centre to forestall any potential business losses. The CAIT statement listed […]

Reopening for accommodation entry based on inquiries & Investigation report was valid: HC

August 18, 2021 3204 Views 0 comment Print

Sanjay Baulal Surana Vs ACIT (Gujarat High Court) 1. The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to […]

Management Consultancy cannot be considered as technical consultancy

August 17, 2021 21336 Views 1 comment Print

Pramod Lele Vs ITO (ITAT Mumbai) 1. The expression ‘Technical Consultancy’ would only mean rendering of technical services by assessee. In our considered opinion, the expression ‘Management Consultancy’ could not be brought within the ambit of “technical consultancy”. 2. Hence, we hold that the provisions of Section 44AA(1) of the Act cannot be made applicable […]

Delhi HC stays assessment framed u/s 143(3)/144B

August 16, 2021 2613 Views 0 comment Print

Centum Finance Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) Delhi High Court, in the case of Javin Centum Finance Ltd. vide order dated 12.8.2021, set aside the assessment , which was framed 143(3) r/s section 144B of the Income Tax Act, 1961 on 11.6.2021, on the basis of notices issued […]

Delhi HC stays Section 148 Proceedings in 42 cases

August 14, 2021 4815 Views 0 comment Print

SG Corporation Joint Venture Vs ITO & Ors. (Delhi High Court) 1. The respondents are restrained from continuing with the reassessment proceedings, in any manner, pursuant to the impugned notices. 2. No adjournment shall be granted on the next date of hearing. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT On 13th July, 2021, this […]

HC set aside Assessment for not following mandatory provisions of section 144B(1)(vxi)(b)

August 13, 2021 1077 Views 0 comment Print

Javin Construction Private Limited Vs National Faceless Assessment Centre & Ors (Delhi High Court) 1. Set asides an assessment framed without issuing SCN and draft assessment order, holding it against the principle of natural justice and mandatory provisions of section 144B(1)(vxi)(b) of the Income Tax Act, 1961. 2. Matter remanded back to the file of […]

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