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Appeal not listed for two & half years- ITAT directs NFAC for expeditious hearing

August 1, 2022 1326 Views 0 comment Print

Priti Nanda Vs CIT Appeals (Delhi High Court) 1. By way of the present petition, the Petitioner seeks a direction to the Respondents to list, hear and decide the first appeal filed by the Petitioner against the Assessment Order and freezing proceeding issued against her by the concerned Assessing Officer within a period of one […]

GST Refund claim timely filed to wrong forum but belatedly filed to correct forum should be accepted

August 1, 2022 1992 Views 0 comment Print

Held that timely refund claim was filed by the petitioner before PIPDIC (lessor) instead of service tax department which was later on filed before service tax department but belatedly. Such refund claim should be processed by the service tax department.

HC slams Income Tax Dept for acting Thick-Skinned during Pandemic

August 1, 2022 549 Views 0 comment Print

Department should have adopted liberal approach in refusing request for time for filing objection to draft assessment order and finally passing assessment order. The department acted thick skinned.

UPVAT: Insulated glass taxable as unclassified commodity @ 10%

July 31, 2022 993 Views 0 comment Print

Tribunal was legally justified in holding that on the manufacture and sale of laminated, insulated and toughened glass the dealer was liable to tax @ 10% as glass and not @ 16% as all the goods made of glasses

HC declines to entertain petition against show cause notice issued by GST dept

July 31, 2022 960 Views 0 comment Print

Gemini Coach Builders Vs Union of India (Madras High Court) It is seen that the petitioner has not only received the show cause notice but also earlier the petitioner was issued with summons and thereafter only DRC-01A has been issued, intimating the tax ascertained as being payable. Now, the show cause notice has been issued, […]

Reassessment Proceedings against dissolved Company – HC directs Petitioner to raise objections before AO

July 31, 2022 723 Views 0 comment Print

Omansh Properties Private Limited Vs Central Board of Direct Taxes (Delhi High Court) 1. Present application has been filed on behalf of the Petitioner seeking clarification of the order dated 19th January, 2022 passed by this Court to the effect that the impugned notice dated 20th April, 2021 issued under Section 148 of the Income […]

Bhushan Steel Stock Audit Negligence case : Another CA gets Bail

July 31, 2022 2571 Views 0 comment Print

Pankaj Mahajan Vs Serious Fraud Investigation Office (Delhi High Court) The role of the petitioner a practicing Chartered Accountant is that of the Stock Auditor wherein the Stock verifications of the documents and statements as submitted by the Company to the Banks was carried out by the accused. The main accusations against him are that […]

TCS not applicable on Timber sawn into logs of different dimensions & shapes

July 31, 2022 19338 Views 0 comment Print

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court) The first objection raised by the assessee was that the tax collected at source is applicable on raw timber which mean timber logs that is obtained from the forest produce. Apart from that they had stated that they were trading in processed wood which are imported […]

Power under Section 148 not excluded due to exercise of appellate jurisdiction

July 31, 2022 1587 Views 0 comment Print

Sunil Jain Vs Income Tax Department (Delhi High Court) HC Court is also of the opinion that just because the Appellate Authority has the power to modify an assessment order with regard to a source of income that has not been considered during assessment proceedings does not mean that the jurisdiction of the authorities under […]

Arbitral award set aside as awarded without any basis

July 30, 2022 933 Views 0 comment Print

Held that an arbitral award awarded without any basis and also without adjudication of the claims is unsustainable in law.

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