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HC Sets Aside Section 148/148A Notice on Grounds of Change of Opinion

July 22, 2022 2847 Views 0 comment Print

Seema Gupta Vs ITO (Delhi High Court) Present writ petition has been filed challenging the order dated 30th June, 2022 passed under Section 148A(d) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) and the consequential notice dated 30th June, 2022 issued under Section 148 of the Act for the Assessment Year […]

Electricity generated from Waste Gas cannot be classified HSN 2716

July 22, 2022 1569 Views 0 comment Print

HC held that electricity generated from Waste Gas cannot be classified under chapter heading 2716 and hence, cannot be said to be exempted goods, since not excisable goods so as to warrant reversal of credit

Transfer of land to developer via JDA not covered under wealth tax

July 22, 2022 1446 Views 0 comment Print

Held that appellant has transferred the land to the developer through JDA and the developer had power to alienate their portion of property. Accordingly, property so transferred is not subject to wealth tax.

Place of supply is location of service receiver when services are supplied to foreign telecom operators

July 22, 2022 2004 Views 0 comment Print

Held that services are supplied to Foreign Telecom Operators and hence place of supply of service will be location of service receiver as per section 13(2). Provisions of section 13(3)(b) are not attracted as the services are not provided to the individual.

Amendment of Section 14A For Removal of Doubts Is Held to Be Prospective Subject to Final Decision by SC

July 22, 2022 3942 Views 0 comment Print

Delhi high court negating dept stand about  retrospective amendment plea for sec 14A explanation added by finance act 2022 in authors opinion it should  ably address the much created confusion from revenue side.

Petition admitted which challenged issuance of two adjudication order against single notice

July 22, 2022 780 Views 0 comment Print

Delhi High Court admitted a petition through which two adjudication orders based on a single show cause notice was challenged. Also held that no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.

Sanction u/s 278B mandatory for prosecuting a person for offence u/s 276CC

July 22, 2022 4194 Views 0 comment Print

Held that the department cannot proceed against a person found liable to prosecute him for the offence under Section 276CC of the Income Tax Act, 1961 without sanction under section 278B.

GST demand based on promotion of business on social media – HC directs petitioner to Approach Appellate Authority

July 21, 2022 2292 Views 0 comment Print

Held that information available on the social media platform of petitioner shows that the event were conducted. Petition dismissed giving liberty to the Petitioner to approach the Appellate Authority.

Adjudication order without proper SCN is non-est in the eye of law

July 21, 2022 1482 Views 0 comment Print

HC held that any adjudication order is non-est in the eye of law if the same is passed without issuance of proper show-cause notice being dehors principle of natural justice.

Trust cannot be treated as AOP if order cancelling trust registration was set-aside

July 21, 2022 1251 Views 0 comment Print

Order of cancellation of registration was set aside by Tribunal and, therefore, direction was issued to assessing officer to assess assessee as a trust and not as AOP

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