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Son have no enforceable share or Right In Parents Flats in their lifetimes: HC

March 21, 2022 12240 Views 0 comment Print

Sonia Fazal Khan Vs Union of India (Bombay High Court) In this case Asif (Son) says that although his parents are alive, there are two flats and both are what he describes as ‘a shared household’ and therefore he, the son, has some sort of enforceable legal right or entitlement to either or both of […]

Illegitimate son/daughter also entitled for compassionate appointment: HC

March 21, 2022 3570 Views 0 comment Print

Piyush Kumar Anchal Vs State of C.G. (Chhattisgarh High Court) here is serious dispute between the parties, whether the petitioner’s mother is first wife of the deceased Government servant late Shri Mohan Lal Anchal or the mother of Suresh Kumar Anchal, who also claimed compassionate appointment being another son of late Shri Mohan Lal Anchal from […]

GST Appeal cannot be rejected merely for Manual filing of the same: HC

March 21, 2022 12732 Views 0 comment Print

Ali Cotton Mill Vs Appellate Joint Commissioner (ST) (Andhra Pradesh High Court) As the Rule 108 of APGST Rules, 2017 permits filing of appeal electronically, the petitioner had, first attempted to file the appeal electronically but the same was not received by the Department Website due to some glitches and therefore, the petitioner filed the […]

GST Evasion Case: HC denies bail considering crucial stage of investigation

March 21, 2022 2685 Views 0 comment Print

Thiru. Yasar Arabath, Vs Deputy Commissioner (State Taxes) (Madras High Court) In this case there is Sufficient materials available to show the petitioner without having inward supply of goods, have issued fake invoices without actual movement and supply of. He made total cash payment of Rs.7,30,324/- only as against the Rs.5,23,66,944/-. Hence, the offence committed […]

HC explains power of CIT (A) under Rule 46A & Section 250(4)

March 21, 2022 6135 Views 0 comment Print

CIT Vs Manish Build Well Pvt. Ltd (Delhi High Court) Conditions prescribed in Rule 46A must be shown to exist before additional evidence is admitted and every procedural requirement mentioned in the Rule has to be strictly complied with so that the Rule is meaningfully exercised and not exercised in a routine or cursory manner. […]

Remuneration & interest received Partnership not includible in gross receipts

March 21, 2022 12987 Views 0 comment Print

Admittedly, the assessee who was an individual in that case was not carrying on any business and the remuneration and interest received by the assessee from the partnership firm cannot be termed to be a turn over of the assessee (individual).

HC quashes 21-page Order disposing objection with 68 orders/judgments but without discussing the applicability to case

March 21, 2022 1902 Views 0 comment Print

Hitech Corporation Ltd. (Formerly known as Hitech Plast Ltd.) Vs. ACIT (Bombay High Court) It is settled law that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration of the Assessing Officer while completing the assessment. It […]

CAT Chairman can transfer a matter from one Bench to another, on his own motion

March 21, 2022 4884 Views 0 comment Print

Alapan Bandyopadhyay Vs Union Of India And Anr (Delhi High Court) Learned counsel for the Petitioner strenuously argued that under Rule 6(2) of the Central Administrative Tribunal (Procedure) Rules, 1987, it is the statutory right and option of the Petitioner, being a retired person, to file an O.A. before the Kolkata Bench, as he was […]

Appeal against Section 263 order by Assessee & Assessment pursuant to such order

March 21, 2022 10788 Views 0 comment Print

Taqa Neyveli Power Company Private Limited Vs Income Tax Appellate Tribunal (Madras High Court) As has been pointed out by the learned counsel for the petitioner assessee that, once an appeal has been filed against the very revisional order under Section 263 of the Act, where date has been fixed for hearing, at least till […]

Section 271(1)(c) penalty cannot be levied if concealment of income not proven

March 20, 2022 20199 Views 0 comment Print

CIT (International Taxation) Vs Gracemac Corporation (Delhi High Court) This Court is in agreement with the opinion of the Tribunal that Section 271(1)(c) penalty can only be levied in such cases where concealment of income has been proven. If the quantum order itself has been set aside in an appeal preferred by the respondent/assessee, there […]

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