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VAT Act cannot be amended after Introduction of GST Act, 2017

August 30, 2022 3147 Views 0 comment Print

Value Added Tax (VAT) Act Cannot Be Amended After  Introduction Of CGST Act, 2017  – State Tax Officer & Anr Vs. Baiju A.A (Kerala High Court)

Rajasthan HC stays Section 148 Income Tax Notice for AY 2014-15

August 30, 2022 3333 Views 0 comment Print

Hemant Gokhru vs. UOI & Ors (Rajasthan High Court) Learned Senior Counsel Shri Balia assisted by Shri Priyansh Arora submits that as per first proviso to Section 149 of the Income Tax Act, the impugned notice dated 22.7.2022 issued to the petitioner under Section 148 for the assessment year 2014-­2015 is without jurisdiction because it […]

Chuni is the by-product of Dal and not liable to entry tax

August 30, 2022 6027 Views 0 comment Print

Held that Chuni which is the by-product of Dal, it is one of the 16 ingredients into the making of cattle feed, and it is not the same thing as cattle feed. Chuni is not Cattle feed and therefore not amenable to Orissa Entry Tax Act, 1999.

Corruption Charges against CA based on retracted confessional statement untenable

August 30, 2022 3570 Views 0 comment Print

Held that record doesn’t disclose any independent material, accordingly charges under the Prevention of Corruption Act cannot be confirmed merely on the basis of the retracted confessional statement.

AO has taken view on a debatable issue after due enquiries- Section 263 cannot be invoked

August 29, 2022 1980 Views 0 comment Print

PCIT Vs Britannia Industries Limited (Calcutta High Court) The short issue involved in this case is whether the Commissioner could have invoked his power under Section 263 of the Act on the ground that the Assessing Officer did not conduct proper enquiry. We need not labour much to decide this issue as the learned Tribunal […]

Notices issued to wrong Email address – HC set-aside Assessment order

August 29, 2022 4509 Views 0 comment Print

Due to technical fault in Income Tax portal notices were issued to a different e-mail address & same cannot be treated as service of Notice

HC quashes Assessment Order passed under Old Surrendered PAN

August 29, 2022 2850 Views 0 comment Print

Return was filed under the new PAN and in spite of that, assessing officer passed assessment order under old PAN – HC Quashed such order

Relaxation of Limitation to file GST Registration Revocation application also applies to Appeal Filing

August 29, 2022 1473 Views 0 comment Print

Singh Group Vs State Of U.P. (Allahabad High Court) GST Registration cancellation orders: Once the Government exercised its powers and reached a satisfaction (that there were defects on the common GST portal with respect to service of orders) and, provided relaxation of limitation, by suspending the period of limitation with respect to orders passed up […]

GST recovery without issue of Section 74(9) Order – HC directs dept to issue SCN

August 29, 2022 1161 Views 0 comment Print

Appellant is aggrieved by the action of the respondents in allegedly recovering tax without issuance of any order under Section 74(9) of GST

Continuance of Bank Attachment not justified on Remittance of Pre-Deposit

August 29, 2022 576 Views 0 comment Print

Upon remittance of pre-deposit of 10%, balance remain stayed and hence no justification for continuation of the bank attachments.

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