All High Courts

Accept C ‘Form’ even if Assessment orders already been passed by AO

Vyplavi Granites Vs CTO (Andhra Pradesh High Court)

It is a fit case where the relief sought for by the petitioner can be granted to the extent of directing the authority to reopen assessment filed by the petitioner through letter, dated 2.5.2017 and deal with the acceptance of the documents, more particularly, 'C' form and 'II' form declarations and then pass orders in accordance with law...

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Arbitrary and illegal detention under GST not to be resorted to: HC

Alfa Group Vs. The Assistant State Tax Officer (Kerala High Court)

Alfa Group Vs. The Assistant State Tax Officer (Kerala High Court) There is no provision under the GST Act which mandates that the goods shall not be sold at prices below the MRP declared thereon. Further, there is nothing in Ext.P2 order that shows that, on account of the alleged wrong classification of the goods […]...

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Presence of lawyers cannot be allowed during examination by GST officers

Sudhir Kumar Aggarwal Vs Directorate General of GST Intelligence (Delhi High Court)

Sudhir Kumar Aggarwal Vs Directorate General of GST Intelligence (Delhi High Court) Delhi High Court has held that presence of lawyer cannot be allowed at the time of questioning or examination of a person by the officers under the GST provisions. The Court observed that officers under GST law are not police officers and have […]...

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Interest on delayed refund – Wrong/excessive collection of duty is not ‘deposit’

Global United Shipping India (P) Ltd. Vs Assistant Commissioner of Customs (Refund) (Madras High Court)

It is to be noted that right to credit or forfeit such deposit would arise only after determination of the liability to pay the 'duty'. On the other hand, the right over the duty so paid is instant on the revenue and not a postponed entitlement....

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Good seized due to expiry of e-way bill cannot be released on indemnity bond

M/s Livguard Energy Technologies (P) Ltd Vs State of Uttarakhand (Uttarakhand High Court)

M/s Livguard Energy Technologies (P) Ltd Vs State of Uttarakhand (Uttarakhand High Court) Uttarakhand High Court has declined to accede to petitioner’s request for release of vehicle and goods seized on merely furnishing an indemnity bond. It observed that it would be inappropriate to issue a direction contrary to provisions of Section ...

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No concealment penalty even for not disclosing income in ITR if shown in balance sheet

PCIT Vs Trisha Krishnan (Madras High Court)

Assessee, in the instant case, has not concealed the income deliberately (particularly in the light of the fact that advances have been shown in the balance sheet filed even along with the original return) and therefore, is not liable for imposition of penalty under Section 271(1)(c) of the IT Act....

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Form GST TRAN-1 can be revised only once within the specified period

Ingersoll-Rand Technologies And Services Private Limited Vs UOI (Allahabad High Court)

A conjoint reading of the Rule 117 and 120A of CGST Rules, 2017clearly reveals that every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FOR...

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Special Audit Report commissioned subsequent to search cannot be treated as incriminating evidence

PCIT Vs Abhisar Buildwell P. Ltd (Delhi High Court)

PCIT Vs Abhisar Buildwell P. Ltd (Delhi High Court) Learned counsel for the Revenue repeated the submission made before the ITAT viz., that the report of Special Audit should be treated as incriminating evidence. Clearly the report of the Special Auditor, having been commissioned subsequent to the search, and during the assessment proceed...

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Pension pension is not a charity and not relevant for Section 12AA registration

M/s. GCDA Employees Pension Fund Trust Vs CIT (Kerala High Court)

M/S. GCDA Employees Vs COIT (Kerala High Court) It is well settled that pension is not a charity or bounty nor is it a conditional payment solely dependent on the sweet will of the employer. Pension is in the nature of deferred payment earned for rendering long and satisfactory service with the employer. It is […]...

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Expense on installation of software with No enduring benefit qualify as revenue expense

CIT Vs M/s. Chona Financial Services Pvt. Ltd. (Madras High Court)

Since assessee acquired only a right to use the software and there was no enduring benefit acquired by the assessee on account of the license promoted by it on payment of annual fee, the expenditure incurred towards installation of such software would qualify as revenue expenditure....

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