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Alternative remedy of approaching appellate authority in terms of section 246(i)(b) should be availed

February 22, 2023 1299 Views 0 comment Print

Sharda Lunkar Vs Union of India (Guwahati High Court) Guwahati High Court held that order passed under section 147 of the Income Tax Act is an appealable order and accordingly the alternative remedy available by approaching the appellate authority should be availed. Facts- Petitioner has filed the writ petition against the notice issued under section […]

Penalty u/s 51(7)(c) of Punjab VAT Act not imposable in absence of attempt to evade tax

February 22, 2023 1503 Views 0 comment Print

Punjab & Haryana High Court held that penalty under section 51(7)(c) of the Punjab VAT Act, 2005 not imposable in absence of attempt to evade tax.

Addition based on circular made effective on later date not unsustainable in law

February 22, 2023 1404 Views 0 comment Print

Bombay High Court held that Circular No.5-2012 dated 1 August 2012 will not be applicable to the instant case pertaining to AY 2008-09. Law to be applied is the one that is in force in the relevant assessment year unless otherwise provided expressly or by necessary implication. Accordingly addition unsustainable.

GST provisions cannot be interpreted to deny right to trade & commerce to any citizen

February 22, 2023 4446 Views 0 comment Print

HC held that it is not the object of GST law to curtail right of the assessee to carry out business. Further restored GST registration of assessee which was cancelled due to non-filing of GST returns.

Corporation failed to establish involvement of company in advertising its product without permission

February 22, 2023 1050 Views 0 comment Print

Calcutta High Court dismissed the petition of Kolkata Municipal Corporation in absence of any evidence proving establishing direct or indirect involvement of the respondent company to have advertised its product without permission.

Pre-deposit mandatory under section 129E of the Customs Act in gold smuggled case

February 21, 2023 2445 Views 0 comment Print

Gujarat High Court held that looking at the kind of quantum of gold smuggled in India, it is impossible to accept that petitioner has no financial capacity. Accordingly, pre-deposit mandatory under section 129E of the Customs Act for further proceedings.

Reopening of assessment and imposition of penalty set aside as AO failed to satisfy HC direction

February 21, 2023 2667 Views 0 comment Print

Bombay High Court held that AO failed to satisfy the direction given by the court while issuing notice under section 148 of the Income Tax Act. Accordingly, order for reopening of assessment and demanding penalty u/s 271(1)(c) are quashed and set aside.

Granting of license to developer doesn’t amount to possession within meaning of section 53A of TP Act

February 21, 2023 3705 Views 0 comment Print

Bombay High Court held that granting of license to developer (who entered into assessees land for the purpose of development) doesnt amount to ‘allowing the possession of the land within the meaning of section 53A of the Transfer of Property Act.

Minor discrepancy in the e-way bill would not attract penalty proceedings

February 21, 2023 3783 Views 0 comment Print

HC Held that, minor discrepancy in mentioning registration number of vehicle in e-way bill would not attract proceedings for penalty under Section 129 of CGST Act

Information vs. Information suggesting escapement of income from tax

February 21, 2023 4674 Views 0 comment Print

Dr. Mathew Cherian Vs ACIT (Madras High Court) Facts of the Case: 1. There was a survey in Kovai Medical Centre and Hospital (in short KMCH or hospital) by the officials of the Income Tax Department, on 11.2021. In the course of the survey, various documents were found and seized that, according to the respondents, […]

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