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Order cancelling GST registration without notice in Form REG-17 is unsustainable

December 7, 2022 1617 Views 0 comment Print

Kerala High Court held that issuance of order cancelling GST registration without issuance of show cause notice in form REG-17 is unjustified. Matter remanded to complete the necessary proceedings.

Adjudication of liability by settlement commission after concluding that there is no true & fair disclosure of facts is unsustainable

December 7, 2022 1053 Views 0 comment Print

Delhi High Court held that once the settlement commission concludes that there has been no true and fair disclosure of facts, the settlement commission cannot proceed to adjudicate the liability.

Person discharged/ acquitted of scheduled offence there can be no offence of money-laundering as well

December 7, 2022 1152 Views 0 comment Print

Madras High Court held that if the person is discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him.

Issuance of order u/s 148 without granting opportunity of personal hearing is untenable

December 6, 2022 2709 Views 0 comment Print

Kerala High Court held that before proceeding to issuance of notice u/s 148 of the Income Tax Act, the procedure contemplated u/s 148A needs to be complied. Matter remanded as opportunity for personal hearing not afforded before issuance of order.

Delay in filing of appeal not justified as notice and order duly communicated

December 6, 2022 2433 Views 0 comment Print

Madhya Pradesh High Court held that show cause notice and order of cancellation of registration duly communicated to the registered person. Hence, filing of belated appeal under section 107 of the GST Act is not condonable.

Section 263 revision not valid for duly explained cash payment exceeding threshold limit to AO with documents

December 6, 2022 864 Views 0 comment Print

PCIT Vs Shukla Dairy Pvt. Ltd. (Gujarat High Court) We note that during the assessment proceedings, assesses had submitted before assessing officer (AO), the cash payment register and explained each of the item of proposed addition as per show cause notice of assessing officer. The cash payment register, which is placed at paper book page […]

Issuance of revised Form-3 for re-examination is contrary to Section 128 of said scheme

December 6, 2022 1077 Views 0 comment Print

ACNielsen Research Services Pvt. Ltd. Vs. Union of India (Bombay High Court) The petitioner had an appeal pending before the Hon’ble CESTAT. The petitioner has deposited a sum for the said appeal. The petitioner availed benefit of SVLDR Scheme. It filed SVLDRS Form 1. Form 3 was issued. It paid the directed sum in time. […]

Bail application rejected as other co-accused application already rejected

December 5, 2022 1698 Views 0 comment Print

Allahabad High Court rejected the bail application as 482 applications filed by other co-accused have already been rejected. Further, the said application is also rejection in absence of merit and substance.

AO needs to apply net profit rate as ordered by Tribunal

December 5, 2022 1479 Views 0 comment Print

Calcutta High Court directed the assessing officer to apply the net profit rate as ordered by the Tribunal to the entire receipts i.e. disclosed and undisclosed.

Invocation of writ jurisdiction under Article 226 against notice u/s 148 is untenable

December 5, 2022 2037 Views 0 comment Print

Delhi High Court held that the Income Tax Act, 1961 provides an able machinery for assessment/reassessment of tax, the Assessee is not permitted to abandon with the machinery and invoke writ jurisdiction of the High Court under Article 226 of the Constitution of India.

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