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All High Courts

Extended period of limitation not invocable as mandatory twin factors missing

July 30, 2023 1461 Views 0 comment Print

Jammu Kashmir High Court held that the extended period of limitation as provided under provision to sub -section (1) of Section 11A was not invocable for the simple reason that the twin factors which are sine quo non for invoking the proviso were missing.

Rejection cannot be rejected on mere technicality if all substantive conditions satisfied

July 30, 2023 2625 Views 0 comment Print

Gujarat High Court held that rejection of refund claim of unutilized ITC used in making zero-rated supply of goods merely on the ground of technicality unjustified as all the substantive conditions are satisfied.

Reopening Unjustified: No Link Between Available Material & Belief of Escaped Income

July 29, 2023 1155 Views 0 comment Print

Delhi High Court held that the reasons disclosed for re-opening do not allude to the material that was available to the AO which persuaded him to form a belief that income had escaped assessment. Hence, prerequisite before entering the realm of reassessment/assessment proceedings not met. Accordingly, addition not sustainable.

Indo-Thai DTAA Article 23 – Tax Credit Applies Only When Tax Paid

July 29, 2023 1356 Views 0 comment Print

Delhi High Court held that tax credit could not be extended to the assessee, because it had not paid tax in Thailand, i.e., that benefit under Article 23 of the Indo-Thai DTAA could only be extended in a situation where the tax had actually been paid.

Bail Denied Due to sufficient Evidence availability in Money Laundering Case

July 29, 2023 1785 Views 0 comment Print

Held that there is sufficient incriminating evidence about the involvement of the accused/applicant in the offence of money laundering and accordingly the bail application is dismissed.

Telephonic Conversation of GST Officer with Assessee cannot be treated as personal hearing

July 29, 2023 1449 Views 0 comment Print

Delhi High Court held that construing telephonic conversation of Officer with the proprietor as personal hearing is not acceptable. Hence, order passed thereon is in violation of principles of natural justice and also violation of statutory principles of the Central Goods and Services Tax Act (CGST Act).

Orissa HC Dismisses Petition on Vehicle Registration Non-Compliance

July 29, 2023 525 Views 0 comment Print

Orissa High Court dismisses the petition filed by Khimji Super Bikes LLP against the State of Odisha and others. The court states non-compliance with the direction to file Form-F under Odisha Motor Vehicles Taxation Rules as the reason for the dismissal.

Patna HC: 4 Years Reasonable Limitation for Order u/s 201 of Income Tax Act

July 29, 2023 1509 Views 0 comment Print

The Patna High Court dismisses the appeal filed by the Income Tax Department against Indian Oil Corporation Ltd. The court deems four years as a reasonable time of limitation for an order under Section 201 of the Income Tax Act.

Bombay HC Allows Income Tax Deduction u/s 80IA(4)(iii) for Industrial Park

July 28, 2023 909 Views 0 comment Print

The Bombay High Court upheld the income tax deduction under Section 80IA(4)(iii) for an Industrial Park project. The court considered the approval granted by the Ministry of Commerce and Industry and rejected the AO’s disallowance based on an erroneous report.

Madras HC Orders Provisional Release of Seized Car and Cash

July 28, 2023 1191 Views 0 comment Print

The Madras High Court orders the provisional release of a seized car and cash in the case of Eburamusa Sherif vs. Principal Commissioner of Customs. The court sets certain conditions for the release.

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