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HC quashes GST Registration cancellation order 

April 12, 2022 4404 Views 0 comment Print

FADA Trading Private Limited Vs Commissioner Goods and Service Tax (Delhi High Court) The show cause notice, which is, dated 02.12.2019, gives no details as to the date and time on which the petitioner’s authorized representative was to present himself for a personal hearing, before the adjudicating authority. This is apart from the fact that […]

‘C’ Form, cannot be denied for technical or administrative reasons: HC

April 12, 2022 7356 Views 0 comment Print

Srivenkateshware Tradex Pvt. Ltd. Vs Commissioner, Delhi Value Added Tax (Delhi High Court) It is not a case where there is a default or concealment or adverse material is found by the Commissioner suggesting inaccurate particulars in the returns. It is the case where all the documents and particulars were furnished correctly except that the […]

Assessment order cannot be passed without considering direction of DRP on timely objection filed by Assessee against Draft Assessment order

April 12, 2022 5508 Views 0 comment Print

Fiberhome India Private Limited Vs National E-Assessment Centre (Delhi High Court) 1. This petition has been filed by the petitioner challenging the Final Assessment Order dated 30.06.2021 passed by the respondent under Section 143(3) read with Section(s) 144C(3) and 144B of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the Assessment […]

HC directs I-T department to pay interest on refund as per Section 244A

April 11, 2022 4719 Views 0 comment Print

Ingenico International India Pvt. Ltd. Vs JCIT (Delhi High Court) By way of the present petition, Petitioner is seeking a direction to the Respondents to issue interest of Rs.53,92,420/- for the Assessment Year 2018-19 (Rs. 51,11,299/- upto May, 2021 and Rs.2,81,121/- as additional amount). Learned counsel for the Petitioner states that this Court vide order […]

Section 84(1) – WBVAT – Mandatory pre-deposit of 15% not ultra vires

April 11, 2022 3453 Views 0 comment Print

A S L Enterprises Ltd. Vs The Senior Joint Commissioner, Sales Tax (Calcutta High Court) Whether proviso to Section 84(1) of the West Bengal VAT Act, 2003 which provides for mandatory pre-deposit of 15% is ultra vires and it effects the vested rights of the appellant and also it is discriminatory in nature as it […]

HC cannot permit Waiver of Pre-Deposit under section 35F

April 10, 2022 3621 Views 0 comment Print

Santhosh Kumar K The Commissioner (Kerala High Court) A perusal of the statutory provisions will reveal that the amendment to section 35F of the Central Excise Act r/w Section 86 of the Finance Act, 1994, clearly manifest the intention of the legislature that the waiver of pre-deposit, which was being resorted to, quite often by […]

Patna HC enquires about Income Tax investigation of illegally acquired wealth by liquor syndicate

April 10, 2022 924 Views 0 comment Print

Gangaram Vs The State of Bihar (Patna High Court) It appears that the Income Tax Department has not conducted any investigation in the matter of illegally acquired wealth by the members of the liquor syndicate. The Income Tax Department should get the details from the Police and thereafter investigate the illegally acquired wealth by the […]

Delhi HC directs Income Tax Dept to decide on Refund claimed by American Express

April 10, 2022 951 Views 0 comment Print

Delhi High Court directs rectification of Amex India’s tax assessment, orders refund of Rs. 45.60 crore. Get insights into the ruling.

HC quashes Section 148 notice for failure to record reason for issue of notice

April 10, 2022 1506 Views 0 comment Print

Hariom Ingots and Power Pvt. Ltd. Vs PCIT (Chhattisgarh High Court) Perusal of aforementioned provisions under Section 56 of the I.T. Act would reflect that Section 56 mentions about the income from other sources. Section 56(vii) talks about the income received by an individual or a Hindu undivided family in any previous year. Petitioner is […]

Jurisdiction of High Court in case of international commercial arbitral award -If Property is Situated in India

April 10, 2022 1917 Views 0 comment Print

CTI Future Corporation Vs Ducgiang Chemical And Detergent Powder Joint Stock Company (Karnataka High Court) The arbitral award being an international commercial arbitral award is not in dispute, the award being rendered in Singapore is not in dispute, the enforceability of the said award in India is not in dispute in view of the notification […]

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