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Delhi HC quashes Notice and Order issued on wrong PAN

January 8, 2023 4389 Views 0 comment Print

A perusal of the instruction would show that PAN – AAACK4O32H concerns an entity going by the name K.G. Finvest Pvt. Ltd. This PAN does not concern M/s Kanhaiya Impex Pvt. Ltd. The petitioner’s stand that it had not entered into any transaction with M/s Kanhaiya Impex Pvt. Ltd. is correct. Given this position, in our view, both the notice which is issued under Section 148 A (b) of the Act and the order that was passed under Section 148 A (d) of the Act suffer from obvious errors.

HC set-aside notice imposing Interest on Gross Tax Liability without opportunity

January 8, 2023 1191 Views 0 comment Print

Bombay HC sets aside Recovery Notice imposing Interest on Gross GST Tax Liability without giving an opportunity of being heard to Appellant

No bar against legal proceedings continuing concurrently with IBC liquidation proceedings 

January 8, 2023 23283 Views 0 comment Print

HC held that There is no absolute bar against a lawsuit or legal proceedings continuing concurrently with liquidation proceedings under Section 33(5) of IBC (Liquidation Moratorium), unlike Section 14 of IBC (CIRP Moratorium).

Compensation from Goa Government for cancellation of plot is capital receipt

January 7, 2023 1185 Views 0 comment Print

Delhi High Court held that compensation received from Government of Goa on cancellation of plot is capital receipt and hence not taxable.

Confirming penalty for expiry of e-way bill without dealing with contention raised is bad in law

January 7, 2023 2070 Views 0 comment Print

Jharkhand High Court held that impugned order passed, confirming penalty for expiry of e-way bill, without proper application of mind and without dealing with the contention raised by the petitioner is against the violation of principles of natural justice and hence bad in law.

Extension to limitation period due to Covid also available to refund application

January 7, 2023 10818 Views 0 comment Print

Bombay High Court held that suo moto order passed by Hon’ble Supreme Court directing exclusion of period 15th March 2020 to 28th February 2022 due to Covid outbreak is applicable even in case of filing of refund application.

Grounds on which transfer of Income Tax assessment records/jurisdiction can be challenged

January 7, 2023 3483 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act, 1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner before Hon’ble Justice […]

Direction of higher authority is binding upon lower authority

January 6, 2023 3297 Views 0 comment Print

Gujarat High Court held that it is settled legal position that the directions given by the higher authority is binding upon the lower authority and therefore, such directions cannot be ignored on any count.

Notice to be served to assessee before carrying out physical inspection of business premises

January 6, 2023 1965 Views 0 comment Print

HC held that notice is needed to be served to assessee under Rule 25 of Central Goods and Services Tax Rules, 2017 (CGST Rules) before physical inspection is carried out.

HC restores GST Registration Cancelled by A Non-Speaking Order

January 6, 2023 2250 Views 0 comment Print

Not only the GST Registration cancellation order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed

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