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Section 205 restricts direct demand where TDS is deducted from income

October 30, 2023 7209 Views 0 comment Print

Delhi High Court held that section 205 of the Income Tax Act puts a bar on direct demand against the assessee to the extent where TDS is deducted from his income. It is irrelevant whether TDS is deposited or not and whether Form No. 16A is issued or not.

Bail on medical ground not granted as treatment can be provided to applicant in jail

October 30, 2023 1845 Views 0 comment Print

Delhi High Court rejected granting of bail on medical ground stating that he applicant is not suffering from any life threatening condition or sickness or infirmity which involves danger to his life and for which treatment cannot be provided to the applicant in jail.

Madras HC: Delay in Filing Tax Application to Be Reviewed

October 30, 2023 660 Views 0 comment Print

Madras High Court remits a case back to the authorities, asking them to review a delay in filing a tax application under Section 264 of the Income Tax Act.

Assessment Order Challenged in Writ Petition Dismissed by Madras HC

October 30, 2023 840 Views 0 comment Print

Madras High Court dismisses a writ petition challenging an assessment order, directing the petitioner to explore remedies through the Appellate Commissioner.

HC Sets Aside Order Passed Without Allowing Document Submission

October 30, 2023 765 Views 0 comment Print

Madras High Court sets aside an order passed by the ITO for failing to consider an adjournment request and requests the petitioner to submit supporting documents

Order rejecting GST refund for non-receipt of lease rental passed without considering contention remanded back

October 30, 2023 819 Views 0 comment Print

Delhi High Court concluded that Appellate Authority failed to consider the contention of the petitioner that there was no supply of service via-a-vis refund of GST. Accordingly, matter remanded to Appellate Authority.

Entertainment tax payable on organizing trade fairs at Pragati Maidan

October 30, 2023 597 Views 0 comment Print

Delhi High Court held that the respondent organizing trade fairs at Pragati Maidan, New Delhi is liable to pay entertainment tax. Accordingly, order passed by Financial Commissioner setting aside levy of entertainment tax held unsustainable.

Plea that is not put forward in pleading cannot be argued later for grant of relief

October 30, 2023 1128 Views 0 comment Print

Allahabad High Court held that argument regarding no intention to avoid payment of tax not whispered in the writ petition. Hence, held that the petitioner cannot be permitted to argue the case without there being any pleading in support of his arguments.

Penalty u/s 129(3) of CGST Act unsustainable as no intention to evade payment of tax

October 30, 2023 9045 Views 0 comment Print

Allahabad High Court held that for imposition of penalty under section 129(3) of the Central Goods and Services Tax Act, 2017 [CGST Act] intention to evade payment of tax is a pre-requisite. No penalty u/s 129(3) as there was no intent on part of petitioner to evade tax.

Failure to Timely Notify Assessment Orders Renders Them Fatal: Gauhati HC

October 30, 2023 1065 Views 0 comment Print

Discover how Gauhati High Court’s ruling on delayed assessment order notification affects their validity. Explore case of Vishal Udyog vs. State of Assam.

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