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HC stays assessment order passed without passing a draft assessment order

December 26, 2021 924 Views 0 comment Print

The claim of the petitioner is that the impugned assessment order dated 21.04.2021 has been passed, without adherence to the statutory provisions contained in clauses (xiv) to (xvi) of Section 144B (1), and 144B (9) of the Income Tax Act, 1961

Rejection of refund of amount higher than that covered in SCN is not tenable

December 24, 2021 1665 Views 0 comment Print

TTEC India Customer Solutions Private Limited Vs Deputy Commissioner of Sales Tax (Gujarat High Court) Learned advocate, Ms. Amrita Thakore has emphatically urged that there is a clear violation of principle of natural justice and hence, the rejection of the refund claim for the entire sum of Rs.2,84,04,175/- needs urgent indulgence. According to her, the […]

Restraining exhibition of film post substantial expedition of time, money and effort is unjustified in law

December 22, 2021 1251 Views 0 comment Print

Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court) Facts- In the present case, plaintiff (Sushant’s Singh family) questioned the court to examine the right to privacy of Sushant’s family to prevent the defendants from publishing film on Sushant’s life when the other side contended that the right to privacy of a celebrity extinguishes […]

HC directed Competent Authority to deposit amount of GST refund directly in bank account of assessee

December 22, 2021 1206 Views 0 comment Print

Hardik Textiles Through Its Prop. Hardik Patel (Gujrat High Court) It is not in dispute that due to the mistake of the consultant engaged by the petitioner, the amount has been deposited in the wrong account. The bank details are to be entered under RFD-05. The petitioner also did not raise the grievance immediately and […]

Open terrace area not part of built-up area for section 80IB(10) deduction

December 22, 2021 3762 Views 0 comment Print

Revenue preferred an appeal against ITAT order which hold that open terrace area which can be accessed only through the private balcony of the individual purchaser should not be included while computing the built-up area for the purpose of claiming deduction u/s 80IB(10).

Entire exercise of making TP adjustments is a matter of estimate of a broad & fair guess-work

December 22, 2021 1041 Views 0 comment Print

PCIT Vs Mount Kellett Capital Management India Pvt. Ltd. (Bombay High Court) Entire exercise of making transfer pricing adjustments on the basis of comparables is nothing but a matter of estimate of a broad and fair guess-work of the authorities based on factual relevant materials brought before the authorities, i.e., the TPO or Dispute Resolution […]

Not giving sufficient time is violative of principle of natural justice

December 22, 2021 3669 Views 0 comment Print

SPL Gold India Private Limited Vs ACIT (Bombay High Court) We have also considered the Assessment Order. It is true that between 20/05/2021 and 25/05/202 1 there was a lockdown in Mumbai and 22/05/2021 and 23/05/2021 were holidays. Therefore, even with a superhuman effort, Petitioner would not have been able to file the huge number […]

Mistake crept & corrected at initial stage cannot invalid the entire proceedings

December 21, 2021 1776 Views 0 comment Print

Vedanta Limited Vs DCIT (Madras High Court) Facts- M/s. Sterlite Industries (India) Limited has merged with M/s. Sesa Goa Limited with effect form 17.08.2013. Thereafter, the said company namely M/s. Sesa Goa Limited was amalgamated with M/s. Vedanta Limited, the present petitioner, with effect from 21.04.2015. Mainly it was alleged that notice issued under section […]

IT Authorities are bound to carry on the proceedings in absence of any interim order

December 21, 2021 2568 Views 0 comment Print

Pentamedia Graphics Limited Vs ACIT (Madras High Court) Facts- The order is challenged by the assessee on account of period of limitation under section 153(2) of the Income Tax Act. Assessee argued that the period of limitation, prescribed under Section 153 (2), to pass an order of re-assessment expired on 12.10.2014. However, the impugned order […]

Remand order upheld on the ground of violation of principles of natural justice

December 21, 2021 4002 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the Revision filed by the Revenue and upheld the Orders of Tribunal where it sustained the Remand Order passed by the Deputy Commissioner (Appeals) as there was violation of principle of Natural Justice in the Original Order passed by the primary authority.

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