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ITC cannot be denied on Genuine Transactions with suppliers whose registration cancelled after transaction

May 14, 2022 23640 Views 0 comment Print

Petitioners could not be faulted if the suppliers appeared to be fake later on. Petitioners further submit that they have paid the amount of purchases in question as well as tax on the same not in cash and all transactions were through banks and petitioners are helpless if at some point of time after the transactions were over,

Issue of Section 148A notice mandatory before issuing any notice U/s. 148

May 14, 2022 1137 Views 0 comment Print

Dinesh Agarwal Vs ACIT (Calcutta High Court) Considering these facts, HC was of the considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of […]

HC imposes cost on Appellant for delay in communicating stay order to AO

May 14, 2022 357 Views 0 comment Print

Armstrong Pure Water Services Pvt. Ltd. Vs Union of India (Bombay High Court) Petitioner should have been proactive and promptly communicated the stay granted by this Court to the Assessing Officer so that he would have had enough time to make enquiries with his Advocate and also check on the website about orders passed. In […]

HC directs tribunal to consider chemical analysis report of ‘AT-PLAST’ while deciding VAT Rate

May 14, 2022 996 Views 0 comment Print

Unique Engineers Vs Commissioner Commercial Tax Lko (Allahabad High Court) Admittedly, the revisionist manufactured ‘AT-PLAST’ which are being used in mixing of ready mix concrete / concrete and it has been averred by the revisionist that the said product are being used along with concrete for reducing the uses of water, delay the time of […]

Kerala HC Directs GST Dept. to facilitate Revision of Form GST TRAN-1

May 13, 2022 5598 Views 1 comment Print

G & C Infra Innovations Vs Union of India (Kerala High Court) Kerala High Court Directs GST Dept. To Facilitate Revision Of Form GST TRAN-1 By Making Necessary Arrangements On The Portal. Genuine mistake in filling Form GST TRAN-1 should not prevent the assessee from claiming legitimate credit The Hon’ble Kerala High Court in M/s […]

Mere exclusion or inclusion of one or other comparable not constitute a question of law

May 13, 2022 1638 Views 0 comment Print

It is settled law that exclusion or inclusion of one or other comparable would by itself not constitute a question of law unless it is shown that there are important functional dissimilarities or vital material facts which go to the root of profitability or where other material circumstances are involved.

HC directs officer to consider SVLDR application although  deadline fixed was crossed

May 13, 2022 759 Views 0 comment Print

Docland Services Ltd Vs Commissioner of Central Goods And Services Tax (Delhi High Court) The petitioner’s main grievance is, that because of a technical glitch, the necessary steps for availing benefits under the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 [ Scheme] could not be availed of. Mr Bhatia says, even though the petitioner under […]

Section 260A HC explains when it can interfere into findings of ITAT

May 13, 2022 1038 Views 0 comment Print

PCIT Vs Madhur Mittal (Delhi High Court) The scope of jurisdiction in Section 260A is very well settled. It is a settled proposition that ITAT is the final arbiter of the facts. High Court can interfere in the order of the ITAT only if there is substantial question of law or there is manifest illegality […]

HC directs dept to consider application for revocation of cancellation of registration in physical form

May 13, 2022 639 Views 0 comment Print

Madhav Copper Limited Vs State of Gujarat (Gujarat High Court) Mr. Bairagar, the learned AGP, wants the writ applicant to apply for revocation of the cancellation of registration in the requisite Form GST REG 21 Online at the GST common portal in accordance with the provisions of Section 30 of the GGST Act read with […]

Criminalizing Marital Rape: Delhi HC bench differs- Refers matter to SC

May 13, 2022 3780 Views 0 comment Print

RIT Foundation Vs Union of India (Delhi High Court) Delhi High Court bench differed members differed in their views while hearing on  a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape and […]

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