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All High Courts

OVAT: No concessional VAT on Tyre, Tube & Flaps sold with Tractor-Trolley

January 20, 2023 1572 Views 0 comment Print

Tribunal was justified to tax tyre, tube and flaps when sold along with tractor-trolley as a single unit to be taxed separately @ 12.5% [up to 31.03.2011] and 13.5% [after 01.04.2011]

Rendering of advisory service doesn’t amount to Fees for Included Services

January 19, 2023 2106 Views 0 comment Print

Calcutta High Court held that rendering of advisory service doesn’t amount to Fees for Technical Services/ Fees for Included Services under Article 12(4)(b) of the India-US Double Taxation Avoidance Agreement.

State Government obliged to refund value of stamps which are not used

January 19, 2023 2970 Views 0 comment Print

Bombay High Court held that State Government is under an obligation to repay the value of stamps in money in case the stamps are not used and given to Collector for cancellation.

Rejection of books of accounts on the basis of high consumption of electricity justifiable

January 19, 2023 2532 Views 0 comment Print

Allahabad High Court held that excessive power consumption, prima facie, establishes the intention to suppress the production and the turnover. Accordingly, the books of account can be rejected on the basis of high consumption of electricity.

Reassessment only on account of ‘change of opinion’ is liable to be struck down

January 19, 2023 1431 Views 0 comment Print

Rajasthan High Court held that reassessment resorted only on account of ‘Change of opinion’ of AO and without there being any fresh tangible evidence for reopening the assessment proceedings is liable to be struck down.

Re-opening of assessment unjustified as complete disclosure of primary material facts already submitted

January 19, 2023 984 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 147 of the Income Tax Act is unjustified as the assessee provided complete disclosure of all the primary material facts during the scrutiny assessment.

Assessee allowed to rectify its GST Returns after the deadline

January 19, 2023 4644 Views 0 comment Print

HC permitted assessee to rectify its GST Returns filed for the months of September 2017 and March 2018, in order to claim ITC benefit by the recipient, wherein B2C was erroneously mentioned, instead of B2B. Held that, the assessee will be unnecessarily prejudiced if it is not allowed to avail the benefits of ITC.

GST order passed without granting opportunity of personal hearing is set aside

January 19, 2023 5889 Views 0 comment Print

Gujarat High Court held that order, making the addition of huge amount of tax, interest and penalty, passed in FORM GST DRC-07 without granting opportunity of personal hearing is liable to be set aside.

Section 234E Late Fee for delayed TDS return filing not applies to FY 2012-13

January 19, 2023 3183 Views 0 comment Print

This writ petition has been filed, challenging the levy of fees under Section 234E of the Income Tax Act, for the financial year 2012-13 on the ground that the provisions of Section 234E of the Act can operate only prospectively, i.e, with effect from 01.06.2015 and not in respect of any earlier period.

When statutory appeal is provided, then said remedy has to be availed

January 19, 2023 1059 Views 0 comment Print

In Ansal Housing it is held that when there statutory appeal is provided, then the said remedy has to be availed.

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