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All High Courts

Appellants cannot bypass remedy of appeal by invoking writ jurisdiction of HC

November 23, 2022 1452 Views 0 comment Print

Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court) It appears that in an earlier round of litigation wherein the appellants had challenged the notice issued by the respondents under Section 8(4) of the PMLA Act, learned writ court had declined to grant indulgence in favour of the appellants and the writ […]

Appeal effect order has to be passed within 3 months of passing appeal order

November 23, 2022 18021 Views 0 comment Print

KRBL Limited Vs DCIT (Delhi High Court) Court is of the view that the Respondents-Revenue have had sufficient time to file an appeal against the order of the ITAT. In any event, in accordance with the mandate of law, the appeal effect order has to be passed within three months of passing the appeal order. FULL […]

Levy of GST & penalty cannot be based upon presumption

November 23, 2022 3312 Views 0 comment Print

Appellate authority after referring to provisions of Section 129 held that it is well settled that levy of tax & penalty cannot be based upon presumption

Central Bureau of Investigation is not liable to furnish information under RTI Act, 2005

November 22, 2022 1593 Views 0 comment Print

Kerala High Court held that as Central Bureau of Investigation (CBI) is included in the second schedule to RTI Act, 2005, CBI is not liable to furnish any information.

Condonation granted on bonafide reasons, unavoidable circumstances & sufficient cause

November 22, 2022 2739 Views 0 comment Print

Karnataka High Court held that petitioner had made out valid and sufficient ground/cause to condone the delay in preferring the appeal before the appellate Authority. Accordingly, exercising power under Article 226 of the Constitution of India the condonation of delay was granted.

Time limit prescribed u/s 130(A)(4) of the Customs Act is directory

November 22, 2022 1584 Views 0 comment Print

Bombay High Court held that the time limit of 120 days prescribed in Section 130(A)(4) of the Customs Act, in our view, should be construed as being directory only and not imperative.

Order passed without furnishing relied upon documents to assessee is against the principles of natural justice

November 22, 2022 4488 Views 0 comment Print

Andhra Pradesh High Court held that the assessment order was passed without furnishing the important documents which are the base of the order to the petitioner enabling the petitioner to make a representation or produce any material contra to the same. Such order is against the principles of natural justice.

TDS on Retainer Fee To Doctors – Salary or professional fees

November 22, 2022 6726 Views 0 comment Print

CIT TDS Vs Mewar Hospital Pvt Ltd (Rajasthan High Court) Before proceeding with the matter, it will not be out of place to mention that the assessee is running a hospital within State of Rajasthan and they have entered agreement with three different doctors. The question which came up for our consideration is whether benefit […]

AO should exercise discretionary power to grant stay within Four Corners of Law

November 22, 2022 1419 Views 0 comment Print

Allahabad High Court decision on tax demand stay for ALM Industries. Assessment dispute, financial position, and legal considerations discussed in detail.

HC set aside Section 148A(d) order passed without considering reply of Assessee

November 22, 2022 4029 Views 0 comment Print

Rise Projects Private Limited Vs ACIT (Delhi High Court) Petitioner states that impugned order dated 15th July, 2022 passed under Section 148A(d) of the Act has been passed without considering the detailed reply filed by the petitioner. Learned senior standing counsel for the respondents-revenue, accepts notice. He, on instructions, states that as the petitioner’s contentions have […]

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