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HC set-aside order passed on the basis of wrong assumption of non-filing of return & appeal

April 12, 2023 1203 Views 0 comment Print

It was wrongly noted that the Assessee has not filed any return of income, when in fact Assessee had filed its return. It was further wrongly noted that the Assessee has not preferred appeal against the assessment order when in fact the Petitioner had filed the aforementioned appeal.

Information relating to income tax returns & balance sheets of an individual, not a public documents

April 12, 2023 1029 Views 0 comment Print

K.Chiranjeevi Vs Union of India (Madras High Court) The Central Information Commission (in short ‘CIC’) in the case of Shir Milap Choraria V. Central Board of Direct Taxes (Appeal No.CIC/AT/2008/00628 dated 15.06.2009), was concerned with the request for disclosure of income tax returns and financials of a third party, and at paragraph 12, the Bench […]

Motor Accident Award computation without multiplying amount with multiplier is unjustifiable

April 12, 2023 1971 Views 0 comment Print

Calcutta High Court held that computation of award amount without multiplying the amount with the multiplier 13 is unjustifiable.

Matter restored as sufficient time not granted for furnishing document in case of cancellation of GST registration

April 12, 2023 870 Views 0 comment Print

Karnataka High Court in cancellation of GST registration held that sufficient time needs to be given for furnishing the documents, accordingly, order quashed with a direction to restore the proceedings for reconsideration by the department.

PIL dismissed in absence of any absolute evidence or live link

April 12, 2023 1299 Views 0 comment Print

Bombay High Court dismissed PIL in absence of any absolute evidence or live link between the alleged malpractices in the B.M.C and private respondents.

Non-constitution of GST Appellate Tribunal deprives petitioner’s statutory right to appeal – HC grants stay

April 12, 2023 1224 Views 0 comment Print

Patna High Court held that non-constitution of Appellate tribunal deprives petitioner’s statutory right to appeal u/s. 112(8) and 1129(9) of Bihar Goods and Services Tax Act (BGST).

Reasons recorded mere repetition of report of DDI. (Inv.)- Reassessment order set aside

April 12, 2023 1419 Views 0 comment Print

Sri Laxmi Narayan Agency Vs ITO (Orissa High Court) On writ the assessee contended that the documents on the basis of which the Assessing Officer had formed the reason to believe that income had escaped assessment were not supplied to the assessee, and that the request for opportunity of cross-examination of the persons on the […]

Reassessment proceedings in violation of procedure prescribed u/s 148A(b) is liable to be quashed

April 12, 2023 5106 Views 0 comment Print

Bombay High Court held that initiation of re-assessment proceedings in violation of the procedure prescribed under section 148A(b) of the Income Tax Act i.e. without supplying requisite material is bad in law and liable to be set aside.

HC quashes GST notice issued in the name of a dead person

April 12, 2023 2712 Views 0 comment Print

GST order dated 3rd August, 2022 is quashed on the ground that the same has been issued in the name of a dead person.

Form No.10B filed late- Section 11 exemption denied – Date extended – HC grants stay

April 12, 2023 471 Views 0 comment Print

Grievance of petitioner is that benefit of Section 11 of Income Tax Act has not been extended to petitioner, which is a Charitable Society. The reason stated is that they failed to submit audit reports in time.

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