Follow Us:

All High Courts

DRT cannot restrain a Debtor’s Fundamental Right to Travel Abroad

June 12, 2022 3288 Views 0 comment Print

Bombay High Court confirms the right to travel abroad is a fundamental right under Article 21, ruling the Debt Recovery Tribunal lacks the legal power to restrict it.

GP margin cannot be enhanced without finding any sales/purchases not recorded in books

June 11, 2022 1578 Views 0 comment Print

PCIT Vs Smart Value Products And Services Ltd. (Himachal Pradesh High Court) In the present case, Appellate Authority as well as the Tribunal have carefully gone through the record of the case and have found that the Assessing Officer had computed monthwise and quarter wise trading account for enhancing the gross profit. The Assessing Officer […]

Order deleting section 68 additions after elaborate factual exercise is valid

June 11, 2022 720 Views 0 comment Print

PCIT Vs Anmol Stainless Pvt. Ltd. (Calcutta High Court) We find from the order passed by the tribunal that the assessing officer has complied with the direction issued by the CIT(A) and has given effect to the order and no adverse finding has been recorded by the assessing officer and accordingly the addition was deleted. […]

Once an appeal is filed, assessee will not be deemed as ‘assessee in default’ – Section 220(6)

June 11, 2022 4023 Views 0 comment Print

Held that the mandate of Section 220(6) of the IT Act makes it very clear that once an appeal is filed within time in the prescribed format, the assessee will not be deemed as an ‘assessee in default’.

Cenvat credit on capital goods taken and utilized vis-à-vis benefit of higher drawback rate – matter remanded

June 11, 2022 789 Views 0 comment Print

Raghav Industries Ltd. Vs Union of India (Madras High Court) Facts- The appellant is a manufacturer of synthetic and blended textile yarn made of duty paid raw material viz., polyester staple fiber or polyester viscose staple fibre. According to the appellant, as per the Government schemes, a manufacturer can either export the finished product without […]

Initiation of prosecution u/s 135(1)(a) of Customs Act for goods valuing less than INR 1 Crore is bad-in-law

June 11, 2022 7386 Views 0 comment Print

Suresh Chand Gupta Vs State of Govt of NCT Delhi (Delhi High Court) Facts- The Director of Revenue Intelligence (DRI) filed a criminal complaint under Section 132 and 135 (1)(a) of the Customs Act, before the learned Trial Court. The complaint stated that intelligence reports have been received that M/s Elgin Electronics, of which petitioner […]

Give Assessee opportunity of hearing before passing Section 148A order: HC

June 11, 2022 1818 Views 0 comment Print

Inner Wheel Club of Central Calcutta Vs Union of India & Ors. (Calcutta High Court) HC directs Income Tax Authorities to consider Representations made on 25/03/2022 and subsequent dates and then pass Order under sec 148A(d). They have been also directed to give the assessee opportunity of hearing. FULL TEXT OF THE ORDER OF CALCUTTA […]

GST: Detention: Petitioner entitled for return of surety bond & bank guarantee furnished upon deposit of 25% of penalty

June 11, 2022 2466 Views 0 comment Print

The petitioner shall be entitled for return of the surety bond and the bank guarantee furnished. If the petitioner, upon filing the appeal with the deposit as aforesaid, files with the first respondent, the details of the appeal and the deposit made, the first respondent shall within ten [10] working days from the date of receipt of such information, return the bank guarantee/surety bond furnished.

Reasonable opportunity must be given to taxpayer to submit evidences impacting tax liability

June 10, 2022 1017 Views 0 comment Print

Tax authorities are to adjudicate upon the tax liability in accordance with law. The liability to taxation in respect of assessee should not escape assessee and likewise where the assessee was not in a position to show certain evidences which impacts the tax liability, reasonable opportunity should be afforded to such assessee to bring such evidences to the notice of the tax authorities.

No interest & penalty if ITC is merely availed but not utilised

June 10, 2022 46788 Views 3 comments Print

No interest and penalty to be imposed if credit is merely availed but not utilised | Section 73 & 74 Interest will be attracted only if wrong/excess ITC availed & utilized

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031