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HC quashes Section 144B order passed without issuing Draft Assessment order with SCN

April 3, 2022 5052 Views 0 comment Print

Symphony Limited Vs ADIT/ACIT/DCIT (Gujarat High Court) It is by now well settled that the issuance of a show cause notice along with the draft assessment order is sine qua non before passing an order under Section 144B of the Act. Undisputedly, in the case on hand, no show cause notice came to be issued along […]

Pre-show cause notice consultation necessary even if same is preventive / related to an offence

April 3, 2022 3177 Views 0 comment Print

L and T Hydrocarbon Engineering Ltd Vs Union of India (Gujarat High Court) Gujarat High Court has held that- [a] The Revenue is not correct in its stance that in the case on hand, the pre-show cause notice consultation was not necessary as the impugned show cause notice is for preventive / related to an […]

Passport Renewal cannot be rejected merely for Pendency of Criminal Cases

April 3, 2022 32382 Views 0 comment Print

Asutosh Amrit Patnaik Vs State of Orissa (Orissa High Court) As per notification No. GSR 570(E) dated 25.8.1993 issued by the competent authority to consider the pendency of criminal case in the granting of renewal of the passport in certain circumstance more particularly issuing a set of guidelines which read as follows: “(a) the passport to […]

Section 18(8)(ix) of JVAT Act not applicable when no manufacturing activity is undertaken by the dealer: HC

April 3, 2022 696 Views 0 comment Print

Exide Industries Limited Vs The State of Jharkhand (Jharkhand High Court) The present dispute pertains to the period 2012 -2013. The Petitioner during the said period, had made local purchases of scrap batteries worth Rs. 6,12,45,703/- on which it had claimed Input Tax Credit (ITC) of Rs. 30,62,285. However, in the assessment order ; the […]

Reassessment provisions framed under Finance Act, 2021 cannot be deferred by CBDT notifications: HC

April 3, 2022 1191 Views 0 comment Print

Shweta Kedia Vs ITO (Rajasthan High Court) Issues: Whether after introduction of new provisions for reassessment of income by virtue of the Finance Act, 2021 with effect from 01.04.2021, substituting the then existing provisions, would the substituted provisions survive and could be used for issuing notices for reassessment for the past years and Whether the […]

Rejection of Objection to Section 148 Notice not means finalisation of Assessment: HC

April 3, 2022 3519 Views 0 comment Print

Dar Credit And Capital Limited Vs Union of India (Calcutta High Court) In this case High Court has found Section 148 Notice issued by AO as proper and Valid and further held that Rejection of the petitioner’s objection against the impugned notice under Section 148 of the Act does not mean that it has become […]

Form GST ITC-02A not available on Portal: HC allows credit transfer through Form GSTR 3B

April 3, 2022 1803 Views 0 comment Print

The petitioner has raised a pertinent grievance in this writ petition that the Form GST ITC-02A was not available on the GSTN Portal for the entire period of 30 days from the registration of its separate business verticals and even till the date of filing of the instant writ petition

Delhi HC to decide on validity of Section 148 E-notices – Stays reassessment notices

April 3, 2022 2346 Views 0 comment Print

Sharad Garg Vs ITO (Delhi High Court) By way of the present batch of petitions, this Court has been called upon to decide the validity of E-notices issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). The Petitioners have classified the matters in the following categories: 1. Category […]

Second proviso to Section 84(1) of West Bengal VAT Act, 2003 is constitutional

April 2, 2022 4221 Views 0 comment Print

A S L Enterprises Ltd. Vs Senior Joint Commissioner (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?  1. Insisting the dealer to produce the proof of payment of 15% of the disputed tax in terms of the second proviso […]

Plea before Telangana HC Against ‘The Kashmir Files’ Film dismissed as Withdrawn

March 31, 2022 639 Views 0 comment Print

This writ petition has been filed seeking a writ of mandamus declaring the making, releasing and telecasting certain objectionable scenes in the film The Kashmir Movie i.e. The Kashmir Files showing mass murders of Kashmiri Pandits by Muslims and exodus of some Kashmiri Pandits during the Kashmir Insurgency causing hurt to the religious sentiments of several Muslims around the world as illegal and arbitrary.

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