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IRP not a Public Servant: HC quashed CBI FIR u/s 7 of Prevention of Corruption Act

December 27, 2023 1143 Views 0 comment Print

Assessee was approached by Financial Creditor of FR Tech Innovations Private Limited (CD) for proposing the name of assessee as IRP in the company petition to be filed by the Financial Creditor under Section 7 of IBC, 2016 in the NCLT, Mumbai Bench by the FR Tech Innovations Private Limited.

No power to CIT in extending timeframe as AO was in seisin of assessment proceedings

December 27, 2023 855 Views 0 comment Print

Since the legislature vested the discretion to extend the timeframe solely in the AO, he could not have abdicated that function and confined his role to only making a recommendation to the CIT. CIT had no role in extending the timeframe as the AO was in seisin of the assessment proceedings.

Lack of Evidence for FEMA Act Contravention in Bogus Import of Service via Cash Bean App: Writ Petition Dismissed

December 25, 2023 1095 Views 0 comment Print

Assessee-company was engaged in the business of providing unsecured short-term loans to its customers/borrowers in India via its Digital Application based platform called the ‘CashBean‟.

No withheld of GST Refund u/s 74 and 20 of IGST Act on account of non-issuance of Form GST DRC-04 and GST deposit made involuntary

December 25, 2023 2151 Views 0 comment Print

Since the claim for refund could not be withheld merely because the Department, pursuant to the deposit, issued the SCN and was proposing to demand GST.

Customs Exemptions for Echo Dot 4 and Echo Show 5 Among Echo Devices

December 22, 2023 738 Views 0 comment Print

Eleven devices were correctly classifiable under CTH 8517 and more particularly under Tariff Entry 8517 62 90. Echo Show 5, Echo Dot 4th Generation and Echo Dot 4th Generation with Clock were held eligible to claim exemptions in accordance with SI. No. 20 of the Notification dated 30 June 2017, as amended vide Notification dated 01 February 2021.

ED Ordered to Disclose Sexual Harassment Information under RTI Act

December 22, 2023 1275 Views 0 comment Print

Non-disclosure of information of allegations of sexual harassment would fall clearly within the conspectus of human rights violations, as exempted by the proviso to Section 24 of the RTI Act, 2005.

Unjustified Property Tax Demand Pre-Occupancy Certificate: Applied to Completed Building, Not Vacant Land

December 21, 2023 1563 Views 0 comment Print

Assessee was aggrieved by the demand made by the respondent – Corporation for payment of property tax calculated from 17.01.2008 on the ground that the building was completed on that date even though the Occupancy Certificate came to be issued on 25.04.2011.

Opportunity of personal hearing u/s 75(4) of GST Act mandatory even if not opted by assessee

December 20, 2023 8193 Views 0 comment Print

Since it was mandatory on the part of the respondents to provide opportunity to assessee for personal hearing and without giving any such opportunity of personal hearing, the impugned order came to be passed, which amounted to violation of provision specified under Section 75(4).

Section 69 Addition Unjustified for Insignificant Discrepancy in 22 Kt Gold & Polki Jewellery Weight

December 20, 2023 1437 Views 0 comment Print

Addition made under Section 69 on account of the difference in excess stock of 22 Kt Gold and Polki Jewellery was not justified as the total weight of items of 22KT Gold jewelry and 22KT Gold Polki jewelry was 36,943 gms, and as per the estimated value, the difference was merely 113.50 gms, which was 0.32%.

No stay was granted for Income Tax demand during pendency of appeal before CIT

December 20, 2023 3381 Views 0 comment Print

Assessee had not been able to make out a prima facie case in its favour and had a ‘lot to answer’ in the appeal. Assessee’s plea of financial stringency based on its balance-sheet also inspired no confidence as according to AO, the accounts had not been properly maintained, therefore, assessee’s application for stay of demand during the pendency of the appeal before the Commissioner of Income Tax (Appeals) against the assessment order was rightly dismissed.

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