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Order imposing interest on gross GST amount quashed for Violation of Principle of Natural Justice

January 27, 2022 2118 Views 0 comment Print

Manshi Automobiles Vs Union of India (Patna High Court) We form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex […]

Allowing less than 24 Hours to respond to SCN is Violation of Principles of Natural Justice

January 27, 2022 7671 Views 2 comments Print

Where a response was sought by the Assessing Officer to the show cause notice, giving less than 24 hours, it has been held to be arbitrary resulting in palpable injustice. Thus, without going into merits or demerits of the case, it would be suffice in restoring the proceedins to the Assessing Officer to provide reasonable opportunity of hearing to the petitioner with liberty to file additional reply, annulling the assessment order.

Appellant entitled to refund of CENVAT credit held to be admissible which was earlier reversed at the instance of Dept.

January 27, 2022 918 Views 0 comment Print

Agasti SSK Ltd. Vs Commissioner of Central Excise & Service Tax, Nashik (CESTAT Mumbai) Brief background of this case is that CENVAT credit taken against manufacture of bagasse and press mud during sugar manufacturing process but was reversed at the instance of the Deptt was held to be admissible by the Commissioner (Appeals) in his […]

Tenancy Transfer not Amounts to Creation of New Tenancy: Bombay HC

January 27, 2022 6306 Views 0 comment Print

Alice Realties Pvt. Ltd. Vs State of Maharashtra (Bombay High Court) 1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith, and the petition is taken up for hearing and final disposal. 2. There is an Affidavit in Reply dated 31st December 2021 of one Nilesh B Suryawanshi, Resident Executive Engineer of the […]

80(2)(d) cannot be invoked to co-op banks unless they have RBI license

January 27, 2022 3009 Views 0 comment Print

V.K. Natha co-operative Vs ACIT (ITAT Mumbai) Ld. Counsel of the assessee submitted that the issue involved in these appeals related to treatment of interest received by co-operative societies from other co-operative societies including cooperative bank under section 80P(2)(d). He submitted that the issue is squarely covered in favour of the assessee by the decision […]

Covid 19- State and UTs need to exercise caution and vigilance -MHA

January 27, 2022 1122 Views 0 comment Print

Kindly refer to the Ministry of Home Affairs’ (MHA) Order of even number issued today, vide which MHA Order dated 27.12.2021 issued to ensure compliance to the normative framework for taking evidence based COVID-19 containment measures, has been extended upto 28.02.2022.

Redevelopment of society : Service Tax on flats handed over to existing members of societies without any consideration

January 27, 2022 8133 Views 0 comment Print

Commissioner of CGST & C.Ex. Vs Ethics Infra Development Pvt. Ltd. (CESTAT Mumbai) In the present case the respondent has discharged the complete service tax liability on the gross amount received by him for providing the taxable services. Once he have discharged the tax liability on the gross consideration received by him by the sale […]

Beyond a period of 4 years, retrospective amendment to section 115JB cannot be a ground for reassessment

January 27, 2022 1128 Views 0 comment Print

Court has held that beyond a period of 4 years, retrospective amendment u/s 115JB of the Act could not be a ground for reassessment. Such legal proposition requires no authority of law.

RBI circular dated 27.03.2020 not creates any right to Loan Moratorium

January 27, 2022 2997 Views 0 comment Print

Governor, RBI Vs Velankani Information Systems Limited (Karnataka High Court) Briefly stated the facts of the case are that, respondent No.1 herein had availed the term loan facilities from respondent Nos.5 to 7. Respondent No.1 herein claiming to be the owner and operator of Five Star Hotel and Technology Park had approached the writ Court […]

Look into TDS deducted from Motor Accident Compensation Awards & lying as Unclaimed: SC directs Govt

January 27, 2022 7398 Views 1 comment Print

Bajaj Allianz General Insurance Company Private Ltd. Vs Union of India (Supreme Court of India) Learned ASG has pointed out that insofar as our direction (v) of our order dated 16.11 2021 we had dealt with the aspect of Tax Deduction at Source (TDS) in Motor Accident Claims at two different rates from 10% to […]

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