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Section 148 notice issued to a dead assesse is notice without jurisdiction

January 4, 2022 1881 Views 0 comment Print

Arunaben Kanaiyalal Patel L/R of Late Kanaiyalal Dalsukh Patel Vs ACIT (Gujarat High Court) The subject matter of challenge in the present writ application is to the notice of reopening issued under Section 148 of the Act for the A.Y. 2017-18, essentially on the ground that the same is without jurisdiction as the impugned notice […]

HC quashes Section 148 order approved by mere noting the word ‘Yes, I am satisfied’

January 4, 2022 11706 Views 0 comment Print

Svitzer Hazira Pvt. Ltd. Vs ACIT (Bombay High Court) In the facts of the present case, it is clear from the digital signature on the notice issued by Respondent No.1 that the notice was issued at 2.40 p.m. on 31/03/2019. The sanction by the authority under Section 151 was digitally signed at 2.55 p.m. on […]

Kerala HC Upholds 10% EWS Reservation For Veterinary/Dental Courses under KEAM

January 3, 2022 786 Views 0 comment Print

Vinay Shanker Vs Union of India (Kerala High Court) The writ petitioner seeks a direction to the 5th and 6th respondents to increase the number of seats to the Veterinary and Dental Courses so as to implement the reservation category of Economically Weaker Section and a further direction to respondents 5 and 6 to implement […]

Prosecution cannot be launched merely for allotment of 2 PAN, when petitioner already paid tax

January 2, 2022 5682 Views 0 comment Print

Sudhir Kumar Hasija Vs ACIT (Madras High Court) The main contention of the learned counsel for the petitioner is that the prosecution itself has been launched under the wrong premise that the petitioner has not filed his return, but the fact remains that the petitioner was issued with two Pan cards bearing numbers AKKPS7295P and […]

HC explains requirement of new sanction under Section 279(1) of Income Tax

January 1, 2022 7569 Views 0 comment Print

G. Victor Devasahayam Vs ACIT (Madras High Court) It is not disputed that sanction under Section 279 (1) of Income Tax Act is already been granted and sanctioned for the offence under Section 276(C)(1) and other offences. Since the expression unless the sanction had been already obtained for a prosecution on the same facts as […]

ADG of DRI not a proper officer for issue of SCN as he has not assessed & cleared the goods

January 1, 2022 2556 Views 0 comment Print

Commissioner of Customs (Export) Vs Reliance Industries Limited (Bombay High Court) The proper officer, to whom power is conferred by Section 28 of the said Act and other related provisions would necessarily mean the proper officer, who in the first instance, assessed and cleared the goods, i.e., Apprising Officer of Air Cargo Complex. Therefore, the […]

HC allows filing of application for revocation of cancellation of GST registration

January 1, 2022 6237 Views 0 comment Print

Aarcity Builders Private Limited Vs Union of India (Punjab & Haryana High Court) 1. By this batch of petitions, the petitioners have complained that their applications for revocation of cancellation of registration are not being considered/rejected on the ground that they have not been made within the time prescribed under Section 30 of the Central […]

Writ Petition challenging GST order not maintainable as Alternative Statutory Remedy available

January 1, 2022 6789 Views 0 comment Print

Ram Prasad Ganga Prasad Vs Assistant Commissioner (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order of adjudication dated 1st November, 2021 passed by the GST Authority concerned as appears at page 47 to the writ petition. Main ground of challenge of the impugned adjudication order by the petitioners is that […]

WhatsApp Group Administrator not Liable for Objectionable posts by Members

January 1, 2022 21123 Views 2 comments Print

If the petitioner had played the role of a WhatsApp group administrator alone and nothing else, then while filing final report, the petitioner’s name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then of course the petitioner will have to challenge the case only on merits.

Refund application cannot be rejected without giving applicant an opportunity of being heard

January 1, 2022 8622 Views 0 comment Print

Infosys Limited Vs Deputy Commissioner of SGST (Telangana High Court) In a case where the proper officer is satisfied for reasons to be recorded in writing that the whole or any part of the amount claimed as refund is not admissible or is not payable, he shall issue notice to the applicant requiring filing of […]

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