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

August 28, 2021 3828 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 3360 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 9687 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 1635 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 3876 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 28752 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 2973 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 5094 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 1407 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 […]

Reassessment after 4 year invalid if assessee disclosed all material facts during original assessment

August 13, 2021 1221 Views 0 comment Print

CIT Vs Mr. John Ettimootil Samuel (Madras High Court) 1. Sets aside reassessment framed u/s 147 after expiry of four years of assessment u/s 143(3), holding that the assessee had disclosed all material facts in the original assessment qua consideration and deemed consideration u/s 50C of the Act. 2. The Tribunal was fully justified in […]

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