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HC Quashes Order for failure of AO to consider reply of Assessee

April 6, 2022 10323 Views 1 comment Print

Gaurav Controct Co. Through Hiralal Shivgan Dholu Vs National Faceless Assessment Centre (Gujarat High Court) The subject matter of challenge is the legality and validity of the assessment order dated 30.07.2021 passed by the Assessing Officer under Section 143(3) read with Section 144B of the Income Tax Act, 1961 for the A.Y. 2018-19. It appears […]

Pre-condition of deposit of 20% of demand can be relaxed in appropriate cases: HC

April 6, 2022 28212 Views 0 comment Print

Tata Teleservices Limited Vs CIT (Delhi High Court) HC is of the view that the requirement of payment of twenty percent of disputed tax demand is not a pre-requisite for putting in abeyance recovery of demand pending first appeal in all cases. The said pre-condition of deposit of twenty percent of the demand can be […]

TDS not deductible on Uniform Allowance given to Employees for use while on duty

April 5, 2022 69822 Views 2 comments Print

Commissioner of Income Tax (TDS) Vs Oil And Natural Gas Corporation Ltd. (Gujarat High Court) It is observed that the uniform given to an employee for using the same during his duty hours is presumed to be used for the purpose of employment only. When there was a circular of CBDT enabling the assessee for […]

Territorial jurisdiction of a Court in case of WFH would be where the official place of work was located and not the place of residence

April 3, 2022 10182 Views 0 comment Print

Mangala A.G. Vs Union of India (Kerala High Court) Territorial jurisdiction of a Court in case of WFH would be where the official place of work was located and not the place of residence Conclusion: When a person was permitted to work from home merely as a concession or a convenience, place from where the […]

NI Act S.138 | Liability of director when Company not been made accused

April 3, 2022 28458 Views 1 comment Print

Charanjeet Singh Saini Vs Ispat India (Chhattisgarh High Court) Now referring back to the allegations and averments made in the complaint under Section 138 of Negotiable Instrument Act, though the petitioners have been described somewhere in the petition as Director in some petition for and on behalf of Saini Industries Limited would make it clear […]

Stamp duty not payable on Oral Family Settlements put in Writing Only for Information

April 3, 2022 28158 Views 0 comment Print

Himani Walia Vs Hemant Walia & Ors (Delhi High Court)  Delhi High Court held that family settlements are not required to be compulsorily registered, and stamp duty is not required to be compulsorily paid in respect of the same, when the settlement has been arrived at initially as an oral partition and is thereafter put […]

GVAT: Garnishee proceeding cannot be initiated without notice to concerned person

April 3, 2022 2673 Views 0 comment Print

Shakti Cotton Pvt. Ltd. Vs Commercial Tax Officer (Gujarat High Court) Proceedings under Section 44 of the GVAT Act are in the nature of garnishee proceedings, i.e. attachment of a debt by means of which judgment-creditor is enabled to reach the money due from the judgment-debtor, which is in the hands of a third person. […]

Order passed without giving reasons violates principles of natural justice

April 3, 2022 1506 Views 0 comment Print

N. Srinath Reddy Vs State of Andhra Pradesh (Andhra Pradesh High Court) The petitioner had been granted a quarry lease for Black Granite, for a period of 20 years. The said lease had been determined by an order dated 31.07.2018. Aggrieved by the said order, a Revision was filed under Rule 35-A of the A.P.Minior […]

HC cannot entertain question relatable to rate of duty/ benefit of exemption notification

April 3, 2022 672 Views 0 comment Print

Commissioner of Customs  Vs CRI Limited (Calcutta High Court) First, we take up for consideration the preliminary objection raised by Mr. Ghosh with regard to the maintainability of the appeal before this Court. The facts are not in dispute, namely, that the benefit of the notification no.45 of 2005 has been denied. In such circumstances, […]

Legal Consultant not attended Due to COVID-19- HC directs to allow another Opportunity

April 3, 2022 615 Views 0 comment Print

Emami Agrotech Limited Vs Union of India & ors. (Calcutta High Court) HC held that appellant has pleaded a genuine difficulty that its consultant being tested positive for Covid-19 and unable to appear. Such request has to be accommodated unless it is shown to be absolutely false. Mr. Banerjee, learned senior standing counsel for the […]

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