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Section 43B: HC Directs AO to determine If IL&FS is a Public Institution

March 6, 2022 1083 Views 0 comment Print

CIT Vs Tamil Nadu Water Investment Co. Ltd. (Madras High Court) The main contention of the learned counsel for the appellant / Revenue is that the Tamil Nadu Government may not be a Public Financial Institution but M/s. Infrastructure Leasing and Financial Services limited is a Public Financial Institution and therefore, the interest payment not […]

HC grants bail in GST evasion case of Rs. 14.33 Crores

March 6, 2022 5046 Views 0 comment Print

Prateek Garg Vs Intelligence Officer (Himachal Pradesh High Court) 1. Both these petitions are being decided by a common order as common questions of law are involved. 2. Petitioners have been booked for offences under Section 132(1)(b)(i) of Central General Goods and Service Tax Act 2017 (for short CGST Act) and Section 20 (xv) of […]

TDS on commission forming part of Salary deductible at the time of payment

March 6, 2022 10236 Views 0 comment Print

PCIT Vs Indofil Industries Limited (Bombay High Court) The issue herein is regarding disallowance under Section 40(a) (ia) of the said Act for amount of Rs.1,08,00,000/-. The Assessing Officer had noted that Respondent had made a provision for commission for the Chairman and the Managing Director (CMD) of the Company for Rs.1,08,00,000/- at the year […]

Parties by agreement cannot give jurisdiction to a Court which lacks jurisdiction

March 6, 2022 14670 Views 0 comment Print

Aanchal Mittal Vs Ankur Shukla (Delhi High Court) High Court held that a jurisdiction cannot be vested on a Court by agreement of the parties if that Court inherently lacks jurisdiction.  It is evident from the facts of the present case that there is no principal or subordinate office of the LLP in the State […]

Daughters entitled to equal share in property inherited by their parents

March 6, 2022 5487 Views 0 comment Print

ince the plaintiff and defendants are coparcener of the joint Hindu as per Hindu Succession Act as amended in 2005, the daughters are also entitled for getting equal share in the property inherited by their parents. The suit land is inherited by deceased Kachra Bai, as such defendants and plaintiff are entitled to get equal share in the property as per Section 6 of the Hindu Succession Act as amended in 2005.

Compounding Benefit under Income Tax cannot be denied for non-acquittal from Criminal Charges

March 6, 2022 2205 Views 0 comment Print

Jai Singh Goel Vs Chief Commissioner of Income Tax (Central) & Anr. (Delhi High Court) Impugned Order dated 21.08.2018 rejects the application of the petitioner seeking compounding of offence on two grounds: 1) That the application has been filed beyond the period of limitation; 2) The petitioner already stands convicted by the Competent Court. As […]

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

March 6, 2022 3984 Views 0 comment Print

Summons for appearance issued under Section 70 of the CGST Act and the authorization for arrest issued under Section 69 (1) of the CGST Act, do not fall within the ambit of the definition of Criminal Proceedings, because criminal proceeding commences, only after the launch of prosecution. It

Pre-show-cause notice consultation not Mandatory but Directory & Discretionary

March 6, 2022 2739 Views 0 comment Print

Jagdish Das Vs Union of India (Calcutta High Court) Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-cum-demand notice dated 23rd April, 2021 issued by the CGST Authority concerned on the ground that the same was issued without issuing pre-show cause notice consultation as per Circular No.1076/02/2020 […]

HC quashes order passed without providing documents relied & by denying cross-examination of witnesses

March 6, 2022 1773 Views 0 comment Print

Sunil Kumar Mitra Vs Union of India (Calcutta High Court) Considering the submission of the parties and admitted position which appears from record, I am of the view that in this case there was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid […]

GST Registration cannot be cancelled in violation of principles of natural justice

March 6, 2022 3468 Views 1 comment Print

Latika Ghosh Vs  Commercial Tax Officer/Assistant Commissioner (Calcutta High Court) 1. The court ordered for the restoration of the appellant’s certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is […]

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