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No reassessment on the basis of future contingencies resulting in escapement of income

March 14, 2022 1581 Views 0 comment Print

Reopening of an assessment under Section 148 was not justified on the ground that AO was of the opinion that a  contingency might   arise in future resulting an escapement of income which would be wholly impermissible and would amount to a rewriting of the statutory provision.

GST Registration not cancellable by merely describing the firm as ‘bogus’

March 14, 2022 15396 Views 0 comment Print

GST registration once granted could be cancelled only if one of the five statutory conditions was found present. Per se, no GST registration may be cancelled by merely describing the firm that had obtained it, was ‘bogus’.

HC quashes Assessment order as Reply of Taxpayer not considered

March 13, 2022 5718 Views 0 comment Print

Pankaj s/o Roshan Dhawan Vs National e-Assessment Centre (Bombay High Court) HC held that we are satisfied that the assessment order dated 14.05.2021 has been passed without granting proper and meaningful opportunity to the petitioner to respond to the show cause notice. It is not in dispute that as per show cause notice dated 10.04.2021 […]

Transfer of Assets under JDA: HC upheld guidance value of land as mode for determination of full value of consideration

March 13, 2022 2730 Views 0 comment Print

PCIT Vs Smt. Sarojini M. Kushe (Karnataka High Court) In the present case, Assessing Officer has adopted the rate of Rs. 1600/- per square feet merely based on the letter given by the developer which is not supported with any particulars. It cannot be ruled out the possibility of the developer giving an inflated figure […]

Experience A Relevant Criteria In Selection Process: Kerala HC

March 13, 2022 2106 Views 0 comment Print

Experience of a candidate being a relevant criteria in a selection to the post of Assistant Professor, we do not see the Selection Committee as having overstepped its jurisdictional limits while conducting the selection.

Right to equal pay for equal work is a constitutional enforceable right

March 13, 2022 4557 Views 0 comment Print

Rattan Lal Bhardwaj Vs State Of Himachal Pradesh (Himachal Pradesh High Court) Article 39(d) of the Constitution of India provides for equal pay for equal work. This right of the person for equal pay for equal work is recognized as a fundamental right by various pronouncements of the Apex Court and the law is settled […]

HC upholds former Income Tax Commissioner’s conviction in DA Case

March 13, 2022 5631 Views 0 comment Print

Swetabh Suman Vs Central Bureau of Investigation (Uttarakhand High Court) The conviction of the appellant Swetabh Suman for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 is upheld and confirmed. The sentence imposed on the appellant Swetabh Suman under Section 13(2) read with Section 13(1)(e) of […]

Office-bearers of statutory board cannot be removed merely by using the word public interest

March 13, 2022 1056 Views 0 comment Print

Sanjay Vs The State of Maharashtra (Bombay High Court) In the present case, absolutely no reason is forthcoming, nor the respondents have come with case as to what was the cause for terminating the Part Time Chairmanship of the petitioner. The State Government can only exercise this power on the basis of any relevant and […]

HC suspends order cancelling GST registration based on Vague reasons

March 13, 2022 3318 Views 0 comment Print

Galaxy Mechanical Engineering Equipments Private Ltd. Vs Assistant Commissioner (Calcutta High Court) In this matter, petitioner has challenged the impugned show-cause notice for cancellation of registration of the petitioner and suspending the registration of the petitioner by the same impugned show-cause notice itself and petitioner has further challenged the impugned show-cause notice for cancellation of […]

No addition can be made in section 153C assessment if AO not referred any incriminating material in his order

March 13, 2022 2883 Views 0 comment Print

PCIT Vs Vikas Telecom Ltd (Delhi High Court) In this case the learned Assessing Officer while farming the assessment order has not referred to any seized documents belonging to the assessee found during the course of search proceedings. In the remand proceedings the learned Assessing Officer has also submitted that no any incriminating materials have […]

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