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SC ruling on meaning of diversification for exemption under UP Trade tax act

January 11, 2023 624 Views 0 comment Print

Supreme Court of India in this case was considering the meaning of the term diversification when the appellant in this case set up machinery for manufacture of Double LIP DRY BLEND CROWN CORK as against SPUN LINE CROWN CORK which was being manufactured earlier and contended that it was diversification to be eligible for exemption.

Central excise cannot move against legal heirs of a deceased person to recover penalty

January 10, 2023 3978 Views 0 comment Print

Commissioner of CGST And Central Excise Vs Ashirwad Foundries Private Limited And Anr (Calcutta High Court) Whether central excise can move against legal heirs of a deceased person to recover the penalty imposed under  Act. The Division bench of Calcutta High Court in this case was dealing with an important matter where the Department filed […]

ITAT adopted findings of CIT(A) as its own – HC held order is without application of mind

January 9, 2023 855 Views 0 comment Print

Calcutta HC order in on how an order should not be drafted where Tribunal adopted finding of CIT(A) verbatim as its own findings

Grounds on which transfer of Income Tax assessment records/jurisdiction can be challenged

January 7, 2023 2697 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act, 1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner before Hon’ble Justice […]

SVLDR Scheme: No law would compel a person to do impossible – SC

January 6, 2023 2229 Views 0 comment Print

Shekhar Resorts Limited Vs Union of India (Supreme High Court) An interesting question arose before Hon’ble Supreme Court of India when the appellant had filed an application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 within the due date as prescribed and the application was accepted and necessary forms were issued for payment of […]

Calcutta HC set-aside demand order passed without disposing stay petition

January 5, 2023 1506 Views 0 comment Print

Rifle Factory Co-operative Society Ltd Vs ACIT (Calcutta High Court) Whether demand in pursuance of order of assessment can be pursued without disposing off the petition for stay of demand. The Single Bench of Calcutta High Court in this case was dealing with a situation where without disposing off the petition for stay of demand, […]

ITATs can allow ground which was not taken before CIT(A) & Assessing Officer

January 5, 2023 2286 Views 0 comment Print

Whether ITAT has the power to entertain additional ground without recording reasons and without following Rule 46A of the Income-tax rules, 1962 and whether jurisdictional issue relating to non issuance of notice u/s 143(2) can be raised at any time?

Gujarat HC set-aside Assessment order passed in violation of principles of natural justice

December 31, 2022 2046 Views 0 comment Print

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) No draft assessment along with show cause notice as required under section 144B(1) and section 144B(7) is given to the petitioner so as to enable the petitioner to give explanation for proposed addition during the hearing before the National Faceless Assessment Centre. Section 144B(1)(xii) […]

Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

December 21, 2022 1713 Views 0 comment Print

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?

SC direction to honour insurance contract which met prescribed conditions

December 17, 2022 1602 Views 0 comment Print

Whether an insurance company even after receiving the insurance premium, can refuse to honour its contract when the insured person dies immediately after taking the home loan.

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