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All High Courts

Mere Higher fair market value cannot be a ground to assume that there was under-statement of consideration

June 4, 2018 1800 Views 1 comment Print

ITA Nos.405/2005 and 406/2005 have been filed by an individual, Arjun Malhotra impugning common order dated 29th January, 2004 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the tribunal) deciding ITA Nos.1433/Del/2002 and 1434/Del/2002 relating to Assessment Years (AY, for short) 1998-99 and 1999-2000

Approach Nodal Officers for GST related grievances: HC

June 2, 2018 3393 Views 0 comment Print

Counsel for Revenue wishes to bring on record copies of Circular No. 39/13/2018-GST dated 03.04.2018 setting up an IT Grievance Redressal Mechanism in form of a Committee.

State Govt. can prescribe documents for goods till e-way bill become applicable: HC

June 2, 2018 681 Views 0 comment Print

Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner, Sri Krishna Agarwal, learned counsel appearing on behalf of respondent no.1 and Sri C.B. Tripathi, learned Special Counsel for the State of U.P.

Non-Application of Mind in reassessment- Reasons for reopening Mentioned it as a case of 143(3), whereas return processed U/s. 143(1)

May 31, 2018 1980 Views 0 comment Print

Yum! Restaurants Asia Pte. Ltd. Vs. Dy. DIT (Delhi High Court)  In the present case, having started off on a wrong note that the original assessment was scrutinized and an order was passed under section 143(3) of the Act, the assessing officer proceeded to put up the note to the DIT as is evident from […]

CIT cannot reject a claim merely because same was not verified by AO

May 30, 2018 1320 Views 0 comment Print

This group of writ petitions arise in similar background. We may record facts from Special Civil Application No. 12765 of 2017 and 12764 of 2017. Petitioner of Special Civil Application No. 12765 of 2017 is a partner of one M/s. Hitech Analytical Services and she would hereafter to be referred to as ‘a partner of the said firm.

HC issues guideline Revenue must follow in the matters of reopening of assessments

May 30, 2018 4023 Views 0 comment Print

The Petitioner seeks the quashing of a notice dated 20-3-2015 issued under section 148 of the Income Tax Act (‘Act’) by the Assistant Commissioner (hereinafter assessing officer AO) and the order dated 1-2-2016 passed by the assessing officer disposing of the objections filed by the Petitioner to the said notice.

Actual service by each of individuals need not be established for claiming commission on sale and purchase of land

May 29, 2018 732 Views 0 comment Print

These appeals are filed under Section 260A of the Income Tax Act, 1961 (for short, the Act) challenging the orders dated 17.03.2017 passed by the Income Tax Appellate Tribunal, Bengaluru, in ITA No.613/Bang/2014 and ITA No.614/Bang/2014

Tribunal cannot direct Registration U/s. 12AA in absence of satisfaction of Registering Authority

May 28, 2018 780 Views 0 comment Print

CIT Vs A.R. Trust (Allahabad High Court) Section 12 AA of the Act provides that the Registering Authority after satisfying himself about the objects of the Trust and genuineness of its activities shall pass an order in writing for registration of the Trust or to refuse the registration. Therefore, satisfaction of the Registering Authority is […]

HC grants relief to Cricketer Cheteshwar Pujara in Service Tax related case

May 28, 2018 1176 Views 0 comment Print

The petitioner is an Indian citizen. He is a businessman and says that he plays international cricket representing India. He also plays domestic cricket. He participated in what is known as Indian Premier League (IPL). He was one of the players chosen by the franchisee Knight Riders Sports Private Limited. This franchisee is owner of one team in the IPL, namely, Kolkata Knight Riders. An agreement of 21 st April, 2008 with the petitioner was executed by this franchisee.

HC ask CBDT to Reconsider practice of appointing retired revenue officers as panel counsel

May 28, 2018 1131 Views 0 comment Print

Principal CIT vs. Grasim Industries Ltd (Bombay High Court) We understand that while appointing panel Advocates for the Revenue, the requirement of having practiced for some number of years is not insisted upon in case a person has domain expertise, such as retired Officers of Revenue. If this indeed be the practice, it would, in […]

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