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Orders without application of mind: HC Directs NFAC to pass denovo orders

September 26, 2023 1266 Views 0 comment Print

Analysis of Mohler Machine Works Pvt. Ltd. vs. PCIT case. Madras High Court sets aside order by NFAC and PCIT, citing lack of clear findings and directs reassessment. Explore the details.

Company Name Change: Legal Effects on Property Ownership & Stamp Duty

September 26, 2023 15708 Views 0 comment Print

Explore legal implications of changing a company’s name on property ownership and stamp duty, as examined in a case before Himachal Pradesh High Court.

Urgent Need for a Time-Bound ‘National Litigation Policy’ Plan: Delhi High Court

September 25, 2023 1353 Views 0 comment Print

Explore Delhi High Court’s landmark verdict in Union of India vs. Kiran Kanojia. Insights into National Litigation Policy, its impact, and need for government accountability.

Circular 36/2010 Customs dated 23.09.2010 is ultra vires of section 149 of Customs Act

September 25, 2023 8520 Views 0 comment Print

Bombay High Court held that Para 3(a) of Circular No. 36/2010 Customs dated 23.09.2010 imposing time limits for amending shipping bills is ultra vires of Section 149 of the Customs Act, 1962.

Passing of detention order without recording any findings is unsustainable in law

September 25, 2023 1092 Views 0 comment Print

Allahabad High Court held that passing of detention order without recording any findings with regard to the submissions made by the assessee is unsustainable in the eye of law and liable to be quashed.

Kerala HC Quashes Section 148A Notice/order passed Without Opportunity for Hearing

September 24, 2023 4443 Views 0 comment Print

Kerala High Court quashes Income Tax Act Section 148A notice and order, citing absence of a reasonable opportunity for petitioner to be heard

Section 56(2)(viic) not applies to fresh issuances or allotments of shares by a company

September 23, 2023 10446 Views 2 comments Print

Read Gujarat High Court’s recent ruling in PCIT vs. Jigar Jashwantlal Shah case regarding taxability of allotted shares under Section 56(2)(viic) of Income Tax Act.

Refund claim rejected without considering material unjustified, hence matter restored

September 23, 2023 1005 Views 0 comment Print

Delhi High Court restored the matter to the Appellate Authority as refund claim was rejected without considering the material that establish that input supplies in respect of which ITC was claimed were in respect of export.

Failure to carry valid documents during transit constitutes deliberate tax evasion

September 23, 2023 1890 Views 0 comment Print

Read about Kerala High Court’s verdict in EVM Passenger Cars India Pvt. Ltd. vs. State of Kerala, highlighting importance of GST document compliance during goods transportation.

Section 10A(5) deduction eligible if audit report is filed before framing of assessment

September 22, 2023 1233 Views 0 comment Print

Delhi High Court’s interpretation of Section 10A(5) of the Income Tax Act regarding eligibility for deduction when audit report is filed before assessment.

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