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HC allows revision of TRAN-1 form on online portal

June 24, 2022 879 Views 0 comment Print

Bombay High Court in the case of Okay Paper Products Pvt. Ltd. Has allowed the revision of TRAN – 1 form on the online portal and directed the Government to open the form within 2 weeks.

Detention of vehicles / goods without following procedural norms is in gross contravention of statutory provisions of GST

June 24, 2022 2097 Views 0 comment Print

HC held that, detention/seizure of the vehicle and goods without issuing proper notice or detention order by the proper officer is in gross contravention of the statutory provisions.

Citizenship cannot be decided based on Definition of ‘Resident’ under Income Tax Act

June 24, 2022 1110 Views 0 comment Print

Explore the residency dispute in Smt. Kamla vs Hindustan Petroleum Corp. Detailed analysis of the court view on residency criteria under Foreign Exchange Management Act and Income Tax Act.

No penalty without giving opportunity of hearing to assessee

June 24, 2022 975 Views 0 comment Print

Penalty was not to be imposed on assessee as demand did not form part of the notice dated 13.08.2020 and opportunity of hearing was not provided to assessee.

Recipient held liable to pay GST on interest on Arbitral award under RCM

June 24, 2022 4503 Views 0 comment Print

This liability of GST (taxes) was certainly not in contemplation of the parties when they entered into the contract in the year 2001. MCGM who would be liable to pay the GST to the Government on a Reverse Charge basis and the same cannot be deducted from the dues payable to the Applicant.

Section 148A Notice cannot sustain on Violation of Natural Justice Principle

June 24, 2022 1827 Views 0 comment Print

Delhi High Court invalidates 2018-19 tax assessment, citing inadequate opportunity for defense and procedural violations. Details on the case and court ruling.

Garnishee Proceedings become ‘Infructuous’ on stay of demand at Appellate Stage

June 24, 2022 1329 Views 0 comment Print

Upon disposal of appeal, in case adjudication order is upheld or modified, a fresh demand has to be raised in Form GST APL-04. Therefore, Garnishee notice become infructuous

HC quashes order passed without considering objection or rejecting adjournment request

June 24, 2022 810 Views 0 comment Print

Calcutta High Court sets aside IT order in Aman Khetawat vs ITO case due to violation of natural justice. Fresh order instructed. Calcutta High Court sets aside IT order in Aman Khetawat vs ITO case due to violation of natural justice. Fresh order instructed.

HC allows FIR against Bank Manager for breaching prohibitory section 132(3) order by allowing customer to operate locker

June 24, 2022 2148 Views 0 comment Print

HC dismisses application to Quash FIR filed against a HDFC Bank Manager for allowing a Customer to Operate Bank  Locker despite receiving  prohibitory order under section 132(3) of the Income Tax Act to put a stop operation on the Bank accounts, fixed deposits and Bank lockers of that Customer.

AO cannot unfollow ITAT order merely because it was not acceptable to dept

June 23, 2022 1770 Views 0 comment Print

Karanja Terminal & Logistic Pvt. Ltd. Vs PCIT (Bombay High Court) The principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. The mere fact that the order of the appellate authority is not acceptable to the department and is the subject matter of an […]

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