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Offence u/s 409 of IPC unsustainable as company not a willful defaulter

February 13, 2023 7767 Views 0 comment Print

Karnataka High Court held that in absence of any willful default on the part of the company, authorized signatory (vice-president) cannot be hauled into the web of crime for an offence under section 409 of the IPC.

CST not leviable as interstate movement of goods merely a branch transfer

February 13, 2023 2574 Views 0 comment Print

Orissa High Court held that assessee has discharged its initial burden of showing that the transaction was only a branch transfer, whereas, the Department has been unable to prove the transaction was not merely a branch transfer but was a movement of goods by way of interstate sale. Accordingly, Central Sales Tax not leviable.

JVAT: Transportation cost of goods which is separately charged to buyer not to included in sale price

February 13, 2023 1413 Views 0 comment Print

Jharkhand High Court held that as per Explanation-III to section 2(xlviii) of JVAT Act sale price shall not include cost for transport of goods from seller to buyer provided such cost is separately charged to buyer.

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2014-15

February 13, 2023 8748 Views 2 comments Print

Vinod Fabrics Private Limited Vs ACIT (Gujarat High Court) Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2014-15, Post SC decision in UOI vs. Ashish Agrawal FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT 1. The petitioner seeks to challenge the notice issued under Section-148 of the […]

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2013-14

February 13, 2023 9060 Views 0 comment Print

Taru Pallav Projects Pvt. Ltd. Vs ITO (Gujarat High Court) Hon. Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2013-14, Post SC decision in UOI vs. Ashish Agrawal 1. The petitioner seeks to challenge the notice issued under Section-148 of the Income Tax Act, 1961 dated 30.06.2021. In […]

Refund of excess tax paid vis-à-vis ‘C’ forms granted

February 13, 2023 1842 Views 0 comment Print

Most of my judgements are getting sufficient views. Surely sometimes the analysis may turn out to be not satisfying However addressing the same with a tag that allocation of judgement will be stopped doesnt sound professional

Pre-deposit restricted to 15% of tax demand instead of 15% of total amount fixed by AO

February 13, 2023 2283 Views 0 comment Print

Gujarat High Court directed direct pre-deposit amount to be quantified @ 15% of the tax demand raised by the respondent rather than 15% of the total amount fixed by the Assessing Officer.

Writ against State or its instrumentality arising out of contractual obligation is maintainable

February 13, 2023 4320 Views 0 comment Print

Karnataka High Court held that cancellation of contract by State just before delivery of final product is violation of contract and accordingly writ petition under Article 226 of the Constitution of India against a State or its instrumentality for the same is maintainable.

Different treatment in books of accounts cannot deprive claiming of entire expenditure

February 13, 2023 3876 Views 0 comment Print

PCIT Vs Sriram Chita Pvt Ltd (Karnataka High Court) Karnataka High Court held that bid loss claimed by the assessee cannot be disallowed merely because a different treatment was given in the books of accounts. Entries in the books of accounts are not determinative or conclusive and the matter is to be examined on the […]

Interim protection granted on condition that petitioner deposits 30% of demand amount

February 13, 2023 858 Views 0 comment Print

Madras High Court held that as petition already filed against the respondent, an interim protection is granted in favour of the petitioner on condition that the petitioner deposits 30% of the demand amount.

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