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Matter involving adjudication of facts cannot be entertained under Article 226

December 2, 2022 1470 Views 0 comment Print

Kerala High Court proceeding finalized against the petitioner based on certain computer records cannot be challenged before High Court as alternative remedies before the Appellate Authority is available before the petitioner. Matter involving adjudication of facts is not possible under Article 226 of the Constitution of India.

Refund not paid due to technical defect should be processed and paid along with appropriate interest

December 2, 2022 1509 Views 0 comment Print

Kerala High Court directed the Centralized Processing Centre at Bengaluru to process the refund which are due to the petitioners which is not processed due to technical defect. Also directed to grant interest on account of delay in payment of refund.

Stamp duty expenditure for public subscription of share/ debenture is allowable u/s 35D

December 2, 2022 3144 Views 0 comment Print

Karnataka High Court held that the expenses incurred towards stamp duty in connection with issue for public subscription of shares or debentures of the company is an allowable expenditure under section 35D of the Income Tax Act.

Authority issuing notice under FEMA, 1999 for violation of FERA, 1973 is bad in law

December 2, 2022 3939 Views 0 comment Print

Bombay High Court held that the Adjudicating Authority is not authorized to issue show cause notice under the Foreign Exchange Management Act (FEMA), 1999 for violations of provisions in Foreign Exchange Regulation Act (FERA), 1973.

Goods can be provisionally released even during pendency of proceedings

December 2, 2022 1332 Views 0 comment Print

Madras High Court held that the application for provisional release of goods under section 110-A of the Customs Act should be considered even during pendency of any proceedings initiated by the department.

Notice u/s 148 of Income Tax Act to struck off company valid in terms of section 250 of Companies Act

December 2, 2022 6924 Views 0 comment Print

Delhi High Court held that notice issued u/s 148 of the Income Tax Act in the name of struck off company is not void as per section 250 of Companies Act of 2013 even where a Company is dissolved in consequence to it being struck off under Section 248, it shall be deemed to continue to be in existence for the purpose of discharging its liabilities.

Renting of costume used in water park is not subjected to entertainment tax

December 2, 2022 1800 Views 0 comment Print

Allahabad High Court held that costume used in the water park would neither fall within the definition of words ‘instrument’ or ‘contrivance’ hence renting on ‘costumes’ cannot be included in the term ‘payment for admission’ as defined under Section 2(l)(iii) of The Uttar Pradesh Entertainment and Betting Tax Act, 1979 and not subject to entertainment tax.

Commissioner (Appeals) CGST gets bail in Alleged Bribe case

December 2, 2022 2316 Views 0 comment Print

It is stated that one Mahabir Jain Shyamsukha was caught red handed while accepting illegal gratification of Rs. 3,83,000/ on behalf of accused Raju Sakthivel. It is also stated that investigation is still going on and one of the accused is absconding, and therefore, it is contended to dismiss the petition.

Reassessment Order In the Name of Non-Existing Entity – HC directs AO to pass fresh order

December 1, 2022 1281 Views 0 comment Print

Rajasthan Global Securities Pvt Ltd Vs ACIT (Delhi High Court) 1. Present writ petition has been filed challenging the notice dated 17th April, 2021 issued under Section 148 of the Income Tax Act, 1961 (‘the Act’), notice dated 28th May, 2022 issued under Section 148A(b) of the Act as well as the order dated 27th […]

Tribunal is expected to follow direction of High Court in pith and substance

December 1, 2022 714 Views 0 comment Print

Pooja Agarwal Vs CIT (Rajasthan High Court) When there is a direction issued by the High Court, the Tribunal is expected to follow the same in pith and substance. The direction of the High Court in remanding the matter to the Tribunal was to verify the distance of the land from the outskirts of the […]

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