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Relaxation Act 2020- 6 Year Limitation for Reassessment notice – Approving Authority

January 19, 2023 1566 Views 0 comment Print

MA Multi-Infra Development Pvt. Ltd. Vs ACIT (Bombay High Court) On a perusal of the notice dated 31st March 2021 issued u/s.148 of the Act by the Assessing Officer shows that the same has been issued after obtaining necessary satisfaction of the Range 3(2), Mumbai. As per the objections filed by the revenue, the approval […]

Order passed will have no effect in the eyes of law, unless digital signature is put by issuing authority

January 18, 2023 10584 Views 0 comment Print

HC held that where an Order of Cancellation of Registration under GST Act was uploaded on GST Portal without signature, limitation for filing appeal cannot start until signature is affixed on such order.

Penalty under Rule 96 ZP of Central Excise Rules not sustainable as SC struck down Rule

January 18, 2023 1113 Views 0 comment Print

HC held that as SC having struck down Rule 96 ZP of Central Excise Rules in toto, the question of sustaining penalty imposed thereunder against Appellant does not arise.

UPVAT: HC deletes penalty for discrepancy in truck number due to break down

January 18, 2023 651 Views 0 comment Print

Commissioner Commercial Tax Vs S.C. Jhonson Products Pvt. Ltd. (Allahabad High Court) HC find that the Tribunal has recorded a categorical findings of fact to the extent that the error, which has been occurred in Column 6 of Form 38 in not writing the date is a human error and the discrepancy in the truck […]

VAT Demand unsustainable as transport of goods outside the purview of ‘sale’

January 18, 2023 690 Views 0 comment Print

Maharaja Gas Agency Vs State of Tripura (Tripura High Court) Facts- The petitioner is carrying the business of distribution of Liquid Petroleum Gas (LPG) as well as transportation of LPG and LPG cylinders. On participation in a tender, invited by the Indian Oil Corporation Limited (IOCL), he was successful in the bid for grant of […]

Detention Order in Form GST MOV-06 passed after stipulated time is barred by limitation

January 18, 2023 5094 Views 0 comment Print

Detention order u/s.129(3) of GST Act is passed on eighth day from date of service of notice, whereas time line stipulated under Section 129(3) is that the order ought to be passed within a period of 7 days from the date of service of such notice

Bail granted as custody was never sought by CBI during the course of investigation

January 18, 2023 3318 Views 0 comment Print

Bombay High Court held that based on the charge sheet, the custody of the applicants was never sought during the course of investigation by CBI. Accordingly, demanding custody merely because of huge involved of amount is unjustified. Hence, bail granted.

Compensation duly assessed taking annual income after statutory deduction in terms of ITR

January 18, 2023 1644 Views 0 comment Print

Calcutta High Court held that compensation duly assessed taking the annual income after statutory deduction in terms of Income Tax Return.

Registration of registered valuer cannot be suspended by IBBI merely because criminal proceeding is initiated

January 18, 2023 1920 Views 0 comment Print

Bombay High Court held that Insolvency and Bankruptcy Board of India (IBBI) suspending registration of registered valuer merely because criminal proceeding is initiated against the valuer is untenable in law.

Notice without signature affixed on it is invalid

January 18, 2023 15360 Views 1 comment Print

Bombay High Court held that notice without signature affixed on it, digitally or manually, is invalid and would not vest AO with any further jurisdiction to proceed to reassess the income of the petitioner.

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