Follow Us:

All High Courts

FIR quashed by HC as criminal colour given to the civil dispute

July 11, 2023 16953 Views 0 comment Print

Delhi High Court under its inherent power under section 482 of Cr. P.C. quashes the FIR as no criminality appears to have been done on the part of the petitioners. Criminal colour has been given to the civil dispute.

Calcutta HC Annuls Directive for ITC Reversal due to Supplier’s GST Registration Cancellation

July 11, 2023 2451 Views 0 comment Print

In a judgment by the Calcutta High Court, the authority’s email directive to reverse input tax credit (ITC) due to the retrospective cancellation of a supplier’s GST registration was set aside. The court emphasized the need for a valid basis for cancellation, violation of natural justice, and directed the authority to remit the reversed amount within 10 days.

Shutting down window by department before completion of extended time limit to furnish reply is unjustified

July 11, 2023 1461 Views 0 comment Print

Bombay High Court held that as per clause (xiii) of section 144B(1), reply can be filed by the assessee on the date and time as specified or within the extended time. Accordingly, shutting down the window before completion of extended time limit is unjustified. Hence, assessment order liable to be quashed.

Unregistered Claim of Revenue Authorities for Government Dues Unsustained

July 10, 2023 1482 Views 0 comment Print

Bombay High Court held that that since revenue authorities have not registered their claim/attachment order with CERSAI, they cannot claim priority over dues of the Government.

Business profit not taxable in India in absence of Permanent Establishment

July 10, 2023 1326 Views 0 comment Print

Bombay High Court held that since the Assessee does not have a Permanent Establishment in India, income earned by it as business profit would not be taxable in India by virtue of the provisions of Article 7 of the India-Malaysia DTAA.

Subsidy received for establishing an industrial unit in backward area is capital receipt

July 10, 2023 1155 Views 0 comment Print

Delhi High Court held that subsidy received from Government of Goa for establishing an industrial unit in a backward area is capital receipt. Further, as subsidy was not intended to meet part of cost of assets, no adjustment against cost of asset could be ordered.

Bombay High Court Sets Time Limit for GST Tribunal Appeals

July 9, 2023 3570 Views 0 comment Print

Bombay High Court addressed the issue of the time limit for filing appeals to the tribunal. The court held that the appeal must be made within three months from the date of constitution of the Appellate Tribunal.

Remuneration as per Office Memorandum dated 30.11.2018 payable to Company Secretary attached with office of Official Liquidator

July 8, 2023 1362 Views 0 comment Print

Gujarat High Court held that the Company Secretary attached with the office of the Official Liquidator shall be henceforth entitled to be paid remuneration in terms of the Office Memorandum dated 30.11.2018.

Suspension of Customs Broker Licence without affording adequate opportunity of being heard is unjustified

July 8, 2023 3345 Views 0 comment Print

Andhra Pradesh High Court held that order for continuing the suspension of Customs Broker Licence without affording adequate opportunity of being heard is against the principles of natural justice. Writ disposed off with direction to submit written explanation within specified time.

Reopening of assessment without tangible material is unsustainable

July 7, 2023 1656 Views 0 comment Print

Bombay High Court held that reopening of assessment under section 147 of the Income Tact Act unsustainable as there is no reason to believe that income has escaped assessment nor there is any tangible material.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031