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No tax on interest awarded by Motor Accident Claim Tribunal

May 12, 2022 31344 Views 0 comment Print

Interest paid for the delay in depositing the awarded amount allowed by the MACT in the accident case would not form part of the compensation and, therefore, would fall into the bracket of interest income and would be eligible to tax under the normal provisions.

HC Stays Operation of confiscation notice under Section 130 of CGST Act

May 11, 2022 4596 Views 0 comment Print

Matrix Traders Vs Deputy Assistant Commissioner (Andhra Pradesh High Court) HC admitted the Writ Petition and Stayed the Operation of confiscation notice under Section 130 of the CGST Act, 2017 on the ground that w.e.f. January 1, 2022 the non-obstante clause has been removed from Section 130 of the CGST Act, 2017 and therefore, in […]

Arbitral Award can be set aside for inordinate and unexplained delay

May 10, 2022 5682 Views 0 comment Print

Whether the delay in making the impugned award rendered it liable to be set aside as opposed to public policy would also necessarily have to be considered in the context of the challenge?

For initiation of Section 147 proceedings AO has to consider prima facie material not sufficiency of correctness of material

May 10, 2022 909 Views 0 comment Print

At the time of initiating the proceedings under Section 147 of the Act, the assessing officer has to only examine whether there is prima facie material on the basis of which the assessment should have been reopened. The Supreme court has held that at this stage the court is only required to see whether there was prima facie some material on the basis of which the department could reopen the case. The sufficiency of the correctness of the material is not a thing to be considered at the stage.

HC dismisses petition seeking quashing of Form GST DRC-16

May 10, 2022 1980 Views 0 comment Print

Tvl.G.Sankar Timber Depot Vs State Tax Officer (Adjudication) (Madras High Court) It is the case of the petitioner that despite the aforesaid order, the respondent had proceeded to issue the notice for attachment and for sale of the immovable property under Section 79 of the GST Act, 2017 in Form GST DRC -16 by attaching […]

Kerala HC explains date of effectiveness of KVAT Registration

May 10, 2022 432 Views 0 comment Print

KVAT registration once cancelled has to be published in two leading daily newspapers at least and the dealer should be informed as per notice in Form No.5 B. Then only the cancellation of registration shall be effective.

Transition of ITC cannot be denied merely for technical difficulties

May 9, 2022 2571 Views 0 comment Print

Vetrivel Explosives Pvt. Ltd. Vs Union of India (Madras High Court) Judgement The Madras High Court has held that credit which remained unutilized on the date of accident in the regular returns filed by the Petitioner, shall be allowed to the Petitioner either by way of suitable credit entry in the electronic cash register of […]

Change of opinion not constitutes justification for Reopening

May 9, 2022 480 Views 0 comment Print

Lokhandwala Construction Industries Private Limited Vs DCIT (Bombay High Court) In this case, during the original assessment proceedings, a notice dated 19th October 2019 was issued under Section 142(1) of the Act by which petitioner was called upon to furnish copies of Index II(s) of three flats sold during the year. Petitioner responded by its […]

Fake ITC Case: Bail Amount can be paid by debiting credit ledger

May 9, 2022 6066 Views 0 comment Print

Delhi HC reviews GST Act conditions for bail in Amit Gupta vs. Directorate case. Focus on ITC availing, reversal, and compliance with bail terms.

Petitioner not able to File Objection due to Technical Glitch in Income Tax Portal: HC Directs AO to pass fresh assessment order

May 9, 2022 972 Views 0 comment Print

Delhi HC sets aside exparte order in Ankit Kaul’s case due to technical glitch. Directs the respondent to refile and pass fresh assessment order within six weeks.

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