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Bail Granted as Department Cannot Arrest Accused Without Warrants After Summons Issuance

October 26, 2023 903 Views 0 comment Print

Delhi High Court held that the department after issuance of summons couldn’t arrest the respondent/accused unless warrants were issued by the Special Court on requisite grounds. The exercise of power of arrest by the department was totally unjustifiable. Accordingly, bail granted.

PCIT vs. Swetaben Patel: No Addition Without Incriminating Material

October 26, 2023 978 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT (Central) vs. Swetaben Ghanshyambhai Patel regarding assessments and additions in the absence of incriminating material.

GST Assessment Order is void when Notice is not served: Madras High Court

October 26, 2023 3123 Views 0 comment Print

Madras High Court quashes an assessment order in a GST case, emphasizing the importance of serving proper notice and adhering to principles of natural justice.

Jharkhand VAT Act: No Reassessment of Reassessment Orders Allowed

October 26, 2023 858 Views 0 comment Print

Jharkhand High Court held that Jharkhand Value Added Tax Act, 2005 [JVAT Act] doesn’t have any provision for initiation of re-assessment proceedings against a re-assessment order. In case assessing authority is allowed to initiate repeated re-assessment proceeding merely on dictate of audit party there would be no finality of assessment.

No addition on the basis of loose papers in absence of corroborative material

October 26, 2023 1179 Views 0 comment Print

Revenue had placed no material on record to show that the loose papers were in the hand-writing of assessee and there was no corroborative material on record to prove that the expenditure recorded in the said loose papers was incurred by assessee. Therefore, no addition could be made on account of undisclosed expenses.

GST refund rejection due to clerical error: HC directs de novo adjudication

October 26, 2023 2085 Views 0 comment Print

Bombay High Court remands 11 refund appeals, instructs petitioner to provide details. A clerical error led to the initial rejection.

Delhi HC Orders Re-Adjudication as Khadi Yarn Sale Income already offered to Tax

October 26, 2023 384 Views 0 comment Print

Delhi High Court orders re-adjudication for Assessment Year 2019-20, regarding income from the sale of khadi yarn, emphasizing verification of additional documents.

Bank Account Attachment in GST Must Follow Law: Delhi High Court

October 25, 2023 1656 Views 0 comment Print

Delhi High Court ruled that attaching bank accounts in GST cases cannot be based on mere assumptions, and the law must be followed.

Section 35(2AB) Deduction cannot be denied for failure of authority to send intimation

October 25, 2023 1632 Views 0 comment Print

In the PCIT vs. Schaeffler India Ltd. case, the Gujarat High Court upholds section 35(2AB) deduction, stating that delayed intimation doesn’t negate it.

Resolving Ambiguity: HC Favors Taxpayers in GST Assessment Case

October 25, 2023 13536 Views 0 comment Print

Explore the Andhra Pradesh High Court judgment on New Morning Star Travels vs. Deputy Commissioner (ST). Analysis of GST assessment order implications.

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