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No Section 153A/153C addition If no Incriminating Material found during Search

August 14, 2022 5421 Views 0 comment Print

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C

HC quashed GST SCN issued without striking off irrelevant particulars 

August 14, 2022 2238 Views 0 comment Print

HC Quashed GST SCN not indicating contravention committed by petitioner & issued in a format without striking off irrelevant particulars

Disallowance without any cogent reasoning or working not sustainable

August 14, 2022 471 Views 0 comment Print

Addition by AO without providing any cogent reasoning or working, based on which such disallowances were made are not sustainable.

TDS on interest paid to China Development Bank- HC dismisses Stay Application

August 14, 2022 885 Views 0 comment Print

Disputed demand has arisen for failure of Tata Teleservices to deduct tax at source on interest payments made to China Development Bank

Levying building tax by treating rented residential building as commercial building is unsustainable

August 13, 2022 2469 Views 0 comment Print

Held that building constructed as residential building and given on rent for residential purpose cannot be treated as commercial building for levying building tax.

Setting aside an arbitral award due to insufficiency of evidence is untenable

August 13, 2022 2835 Views 0 comment Print

Held that insufficiency of evidence or material is not a ground for setting aside an arbitral award. Income tax return is material evidence to establish the claim.

Lenient Consideration of Parole Application justified for Person Convicted for Offences Under NI Act

August 13, 2022 732 Views 0 comment Print

It also observed that the conviction of the petitioner is under the NI Act which are ordinarily treated as minor offences in criminal jurisprudence.

Madras HC direct VAT dept to follow circular addressing mismatch issue

August 13, 2022 1581 Views 0 comment Print

Gharpure Engg. & Construction (Pvt) Ltd Vs Assistant Commissioner (ST) (Madras High Court) The challenge is to an order of assessment passed under the provisions of the Tamil Nadu Value Added Tax Act, 2006 for the period 2013-14. The substantial addition to turnover is on the ground of mismatch of particulars between the details contained […]

HC directs department to decide on application for rectification under GST

August 13, 2022 2103 Views 0 comment Print

The challenge to the order passed under Section 73 under GST cannot be entertained in writ jurisdiction since the time limit prescribed for an aggrieved assessee to prefer statutory remedy has expired before filing of the writ petition. Application for rectification of mistake can be entertained where time limit for proceedings extended by the Supreme Court.

DSIR statutorily bound to issue Form 3CL within 120 days: HC

August 13, 2022 6567 Views 0 comment Print

SRF Ltd Vs Union of India (Delhi High Court) Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule […]

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