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No provision in law to tax income which Assessee could have earned but not earned

January 30, 2022 1902 Views 0 comment Print

Parinee Realty Pvt. Ltd. Vs ACIT (Bombay High Court) According to the JAO, survey report submitted by DDIT investigation indicate that interest should be charged at 12% per annum on loan given to sister concern totaling to Rs.4,17,04,380/- and therefore income chargeable to tax has been under assessed by the said amount. According to the […]

HC Expunges ‘Scathing’ Remarks Against Actor Vijay

January 30, 2022 828 Views 0 comment Print

C. Joseph Vijay Vs State of Tamil Nadu (Madras High Court) HC held that it is difficult to suggest that the petitioner had acted with malafide and with deliberate intention and thus, the observation made by the learned single Judge, apart from being unwarranted, are irrelevant to decide the issue. The order of the writ […]

HC quashes assessment order passed without issuing SCN & draft assessment order

January 30, 2022 1146 Views 0 comment Print

Haldia Steels Pvt. Ltd. Vs. Union of India (Calcutta High Court) In this matter the petitioner has challenged the impugned assessment order dated 28th September, 2021, under section 147 read with section 144B of the Income Tax Act on the ground of violation of principle of natural justice by not serving copy of the draft […]

Service tax paid on re-insurance allowable as input service under CENVAT Credit Rules

January 30, 2022 2340 Views 0 comment Print

High Court has held that the service tax paid on re-insurance would be allowable as input service under the CENVAT Credit Rules, 2004.

Legally permissible refund cannot be denied for procedural lapse; HC allows manual filing

January 29, 2022 6402 Views 0 comment Print

Twin Disc Power Transmission Pvt. Ltd Vs Deputy Commissioner (ST), GST – Appeals (Madras High Court) Whether in some extraordinary or exceptional circumstance, a GST refund application can be permitted to be filed manually? He held that in some extraordinary or exceptional circumstance, a refund application can be permitted to be filed manually  and such […]

Bombay High Court orders refund after 23 year delayed proceedings

January 29, 2022 2424 Views 0 comment Print

Sushitex Exports (India) Ltd. & Ors. Vs Union of India & Anr. (Bombay High Court) 1. The order was passed on a plea by a company seeking quashing of a show cause notice which had not been adjudicated for 23 years and return of ₹2 crore which had been deposited by it under protest during […]

Rs. 258 Crore illegal ITC availment case – HC refuses Bail to accused

January 28, 2022 1611 Views 0 comment Print

Paritosh Kumar Siingh Vs Senior Intelligence Officer (Chhattisgarh High Court) Allegations against applicants are that they have committed economic offence causing loss of Rs.258 Crore approximately to the government ex-chequer by forming thirty fake companies. Applicant Nos.1 & 2 got prepared two Adhar Cards and PAN Cards in two different names with same photograph i.e. […]

GST refund claim filed after 2 years from the payment of Tax gets time barred

January 28, 2022 22530 Views 0 comment Print

Quest Global Engineering Services Private Limited Vs Deputy Commissioner (Madras High Court) Neutralise alleged excess GST payments through credit note as refund application is time barred The Hon’ble Madras High Court in Quest Global Engineering Services Private Limited vs The Deputy Commissioner of GST and Central Excise [W.P. No. 12105 of 2020 and WMP No. […]

HC stays rigour of paragraph 8 of Circular No. 125/44//2019-GST dated 18.11.2019

January 28, 2022 3033 Views 0 comment Print

U P Telelinks Limited Vs State of Uttarakhand (Uttarakhand High Court) Shri Akash Deep Singh, learned counsel for the petitioner. Shri Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand / respondent no. 1 and 2. Shri V.K. Kaparwan, learned Standing Counsel for the Union of India / respondent no. 3. There is no […]

Rajasthan HC quashes Section 148 Notice issued after 31.03.2021 in 472 Cases

January 28, 2022 13881 Views 0 comment Print

Sudesh Taneja Vs ITO (Rajasthan High Court) In the writ petitions the petitioners have challenged respective notices issued by the Assessing Officers under Section 148 of the Income Tax Act, 1961 (‘the Act’ for short) for reopening assessments for various assessment years. All these notices have been issued after 01.04.2021 and pertain to relevant period […]

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