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HC Allows GST dues payment In 48 Installments considering Financial Hardship of taxpayer

April 15, 2022 2064 Views 0 comment Print

Veteran Facility Management Services Pvt Ltd Vs Union of India (Gauhati High Court) In this case the petitioner firm express their willingness to pay the defaulted tax amount plus the interest and the penalty as may be assessed by the department but because of the precarious financial condition they are unable to pay it in […]

HC dismisses Tax Appeals against Taxpayer in view of Liquidation Proceedings

April 15, 2022 1665 Views 0 comment Print

PCIT Vs Moser Baer India Ltd. (Delhi High Court) A perusal of the aforesaid order of Apex Court in Civil Appeal No.4705/2014 makes it clear that the respondent company Moser Baer India Ltd. is not financially viable and is in liquidation before NCLT. The order also makes it clear that even if the Revenue were […]

HC Refuses to Order Rs. 1 Crore Compensation for Covid-19 Deaths

April 15, 2022 882 Views 0 comment Print

DR Vidyottma Jha Vs Govt of NCT of Delhi & Anr. (Delhi High Court) In our view, it is not for this Court to direct payment of ex gratia compensation of Rs.1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex […]

Arbitration clause in Tax invoice can not be considered as a valid Arbitration Agreement

April 13, 2022 6972 Views 1 comment Print

Concrete Additives and Chemicals Pvt. Ltd. Vs S N Engineering Services Pvt. Ltd. (Bombay High Court) Mr. Menon’s contention that the tax invoices have been accepted by the respondent and therefore it is required to be presumed that there is an arbitration agreement between the parties also cannot be accepted. The acceptance of the tax […]

Sanction by Addl. CIT instead of PCIT not valid for Reassessment After expiry of four years

April 13, 2022 3078 Views 0 comment Print

J M Financial and Investment Consultancy Services Pvt. Ltd. Vs ACIT (Bombay High Court) HC held that since four years had expired from the end of the relevant assessment year, as provided under Section 151(1) of the Act, it is only the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner who could […]

Reopening based on wrong reasons cannot be a reason to believe that income has escaped assessment

April 13, 2022 975 Views 0 comment Print

Raimaladitya Textile Pvt. Ltd. Vs ITO (Bombay High C0urt) The allegations in the reasons recorded are that as per information summary available to Revenue there is company by the name Raimaladitya Textile Pvt. Ltd., from whom bogus loan has been taken in F.Y. 2012-13 in the sum of Rs.40,88,06,800/- and the said Raimaladitya Textile Ltd., […]

HC Quashes second Provisional attachment order which was passed 4 days after Quashing of First order

April 13, 2022 1464 Views 0 comment Print

The petitioner’s grievance, as noted above, is that immediately, after this Court had quashed the earlier provisional attachment order on 22.03.2021, a fresh order was passed on 26.03.2021.

Performance Security cannot be retained after Acknowledgement of Due Performance of Contract

April 13, 2022 3966 Views 0 comment Print

High Court held that Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performance Bank Guarantee in question. There is no principle in law whereby BSNL could be permitted to retain the Performance Security after it had acknowledged due performance of the Contract.

Compensation for same accident cannot be claimed under two Acts

April 13, 2022 10080 Views 0 comment Print

R. Geethabanu vs. Government of Tamil Nadu (Madras High Court, Madurai Bench) The Madras High held that the aggrieved person cannot file claim petitions both under the Motor Vehicles Act ,1988 as well as the Workmen Compensation Act,1923  in respect of the very same accident. The court also held that previous decisions of various High […]

No denial of GST refund in case of tax payment of via electronic credit ledger

April 13, 2022 3429 Views 0 comment Print

Refund could not be denied only on the ground that only a part amount of the tax was paid through the electronic cash ledger as Respondents had failed to understand the distinction between the availment and the utilization of the input tax credit.

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