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All High Courts

Reopening after 4 years with approval of DIT instead of JCIT is invalid

April 11, 2018 1722 Views 0 comment Print

Reopening of assessment of A.Y. 2005-06 after expiry of four years without obtaining approval of an officer of the rank of Joint Commissioner was bad in law and even if such approval had been granted, by the officer superior i.e., the DIT, it would not cure the defect.

Rajasthan HC explains Rule 18 (Input Tax Credit) of Rajasthan VAT

April 11, 2018 13371 Views 0 comment Print

R.S. Infra-Transmission Ltd Vs State of Rajasthan (Rajasthan High Court) The contention of Mr. R.B. Mathur is that Rule 18 will take care of the situation. However, while considering the matter, we have to look into the matter whether the benefit envisaged under the Rajasthan VAT Act especially under sub-Section (1) shall be allowed only […]

Supply of tiles is job work if raw materials were supplied by contractee: HC

April 10, 2018 1182 Views 0 comment Print

The revisionist called in question the order dated 01.06.2009 passed by the Commercial Tax Tribunal, Uttarakhand, by which the Tribunal allowed the Appeal filed by the respondent assessee and set aside the order of the Appellate authority and also modified the order passed by the Assessing officer and set aside the tax imposed and declared the dealer (respondent)exempted from tax

Goods not to be be seized if e-way bill generated before seizure order

April 9, 2018 3831 Views 0 comment Print

We have perused the relevant documents, namely, Invoice, Goods receipt, E-way Bills etc., which are enclosed as Annexures to the writ petition and found that the E-way bill under the UPGST Act has been downloaded by the petitioner, much before the detention and seizure of the goods and the vehicle, disclosing all the necessary informations.

Charging of interest U/s. 234B(1) in regular assessment not necessary for charging interest U/s. 234B(3)

April 8, 2018 3585 Views 0 comment Print

CIT Vs M/s. Baby Marine Exports (Kerala High Court) If the regular assessment was upheld finally and there was a reassessment and re-computation of total income, the assessee would have been liable to pay advance tax to that extent also, on which, an interest would be levied under Section 234B(3). It is been held that […]

ITAT cannot re-appreciate understanding of order passed

April 8, 2018 633 Views 0 comment Print

The grievance of the Petitioner is that the impugned order dated 28th July, 2017 to the extent it allows the Revenue’s application for rectification, is without jurisdiction. This is so as it amounts to review of its order dated 6th June, 2016 which had been passed in an appeal for Assessment Year 200405 after due consideration of the very issue. In any case, the issue raised is a debatable issue. Therefore, outside the scope of rectification under Section 254(2) of the Act.

HC grants GST Registration from 01.07.2017, delayed due to wrong PAN quoting in VAT Regime

April 6, 2018 996 Views 0 comment Print

On account of a mistake committed by the petitioner during 2009 in providing the PAN number of another firm for the purpose of obtaining registration under the Kerala Value Added Tax Act (the Act), the request of the petitioner for registration under the GST statutes were delayed and were granted only with effect from 12.08.2017.

A claim of creditor cannot be said to be barred by limitation if acknowledged by the debtor

April 4, 2018 3522 Views 0 comment Print

A division bench of the Delhi HC comprising Justice Sanjiv Khanna and Justice Chander Shekhar denied the dis allowance made in case of old creditors under section 40(1) of the Income Tax Act.

CESTAT is not proper Appellate Forum for Dispute of Rebate Claim

April 4, 2018 1806 Views 0 comment Print

That the present writ petition may kindly be allowed and the impugned order dated 1010.2017 (Annex.13) passed by the Respondent No.4, impugned Order-in-Original dated 31.3.2005 (Annex.9) and impugned order – in – Appeal dated. 12.8.2015 (Annex.10) may kindly be quashed and set aside

No TDS on interest on compensation under Motor Vehicles Act, 1988

April 4, 2018 15762 Views 1 comment Print

Impugned in the present revision petitions are the different orders passed by Motor Accident Claims Tribunal, Bathinda, whereby the J.D.-Insurance Company was directed to deposit within 15 days the TDS amount, which has been deducted at source. The J.D. was given liberty to withdraw the TDS amount from Income Tax Department.

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