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HC quashes reopening notice as reason to believe has no rational nexus to belief for escapement of income

March 12, 2022 1293 Views 0 comment Print

Kurz India Private Limited Vs PCIT (Delhi High Court) Appellant submits that in this case reopening is initiated on the basis of review and re-appreciation of the same material i.e. audited accounts which were subject to verification in the course of original assessment proceedings under Section 143(3) which is not permissible in law. Upon perusal […]

HC cannot interfere with finding of facts if it involves re-appreciation of evidence

March 12, 2022 1329 Views 0 comment Print

CIT (Exemptions) Vs Shugan Chandra Kothari Trust (Delhi High Court) It is settled law that an appeal under Section 260A of the Act is to be entertained only when it directly and substantially affects the rights of the parties or is not free from difficulty or call for discussion of alternative views or the factual […]

HC directs VAT dept to allow rectification of Bonafide Error in Tax Period of Challan

March 11, 2022 2961 Views 0 comment Print

La Mode Fashions Private Limited Vs Commissioner, Value Added Tax (Delhi High Court) The short question that arises for consideration before this Court is the remedial measure by which the inadvertent and bonafide error can be corrected. Respondent has suggested a methodology in paragraphs 5 and 6 of the counter affidavit, as aforementioned. This methodology, […]

Application of Doctrine of Necessity in Quasi Judicial Cases – Refund of Service tax in GST Regime

March 11, 2022 5091 Views 3 comments Print

The Honorable Madras High Court allowed Credit of Service Tax Paid under RCM which could not be availed as Transitional Credit under GST following the Principle of Doctrine of Necessity.

HC Quashes unauthorised Search & seizure proceedings and subsequent summons by DRI

March 10, 2022 3192 Views 0 comment Print

Search and seizure proceedings and subsequent summons by DRI quashed by Chhatisgarh High Court being unauthorised. DRI fielded ASG but that did not help. A jeweller’s premises were searched in May-2021, gold and silver was seized. He was arrested and remained in JC for 60 days.

Money Laundering Case- HC dismisses Bail Plea of Ambience Group Promoter Raj Singh Gehlot

March 9, 2022 2871 Views 0 comment Print

Raj Singh Gehlot Vs Directorate of Enforcement (Delhi High Court) As per the prosecution complaint, in total, Term loan of Rs.810 crores was availed by AHPL and sanctioned by the consortium of banks. The funds were disbursed through an Escrow Account maintained with J&K Bank, Ansal Plaza Branch. The FIR was registered against the applicant, […]

HC issues notice of Motion- Section 130- Invocation for confiscation of goods & conveyance in transit

March 9, 2022 2076 Views 0 comment Print

Chirag Steel Vs the State of Punjab & Others (Punjab and Haryana High Court) Punjab & Haryana HC issues Notice of Motion to consider whether Section 130 can be invoked for confiscation of goods and conveyance in transit after amendment as the said section has been amended vide Finance Act, 2021 effective from 01.01.2022.   […]

HC slams GST Dept for using Coercive Measures to Meet Revenue Collection Charges

March 9, 2022 4344 Views 0 comment Print

Wipro Ltd. Vs State of Gujarat (Gujarat High Court) in the absence of any debtor – creditor relationship, the department could not have asked the bank to debit the accounts of the writ applicant – company and credit a particular amount as specified in the notices to the treasury of the State Government. We may […]

7% statutory Interest payable on delayed GST Refund

March 9, 2022 2310 Views 0 comment Print

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) At the outset, Mr. Choudhary, the learned counsel submitted that during the pendency of the present writ application, the refund of IGST of Rs.7,69,093/- has been sanctioned and paid to the writ applicant by way of a cheque. However, his […]

GST: Provisional attachment ceased to be effective after completion of one year

March 9, 2022 2586 Views 0 comment Print

B.r. Consturction Company Vs Additional Director (Rajasthan High Court) The petitioner’s bank account was placed under provisional attachment by an order dated 03.12.2020 in exercise of powers under Section 83 of the Central Goods and Services Tax Act (for short ‘CGST Act’) by the respondents. Learned counsel for the petitioner pointed out that in terms […]

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