Follow Us:

All High Courts

Mere disclosure of bogus transaction not sufficient, reopening of assessment sustainable

December 9, 2021 4983 Views 0 comment Print

After framing of the assessment made under Section 143(3) of the Act, tangible material came into the hands of the AO through the investigation wing and upon perusal of the same, he made independent inquiries and applied his mind and upon due satisfaction, he formed an opinion that, the income has escaped assessment.

S. 138 | N.I. Act | Fine should adequately compensate the complainant

December 9, 2021 26394 Views 0 comment Print

Yasir Amin Khan Vs Abdul Rashid Ganie (Jammu and Kashmir High Court) Facts- Special Mobile Magistrate convicted a man and punished him with simple imprisonment for a term of 6 months in a cheque bounce case of INR 10 Lakhs and in addition, he was also held liable to pay compensation of INR 2 Lakhs […]

State Govt cannot deny genuine claim to purchase HSD oil at a concessional rate

December 9, 2021 3540 Views 0 comment Print

M/s. Tata Steel Ltd. & Anr Vs State of West Bengal & Ors. (Calcutta High Court) Facts- The main issue raised was whether petitioners/purchasing HSD oil dealers who have been denied a refund of excess tax by the Respondent State Government of West Bengal which was admittedly collected by it from the petitioners through the […]

Section 48 of Arbitration Act not permits review on merits of dispute

December 9, 2021 3642 Views 0 comment Print

EIG (Mauritius) Limited Vs McNally Bharat Engineering Company Limited (Calcutta High Court) Facts- An application for enforcement of a foreign arbitral award dated 19th June 2020 and an addendum dated 26th October 2020 moved by the petitioner (i.e., EIG Mauritius) against the respondent (i.e., McNally Bharat Engineering Company Limited). However, the prayer for execution had […]

Pandemic cannot be cited as a reason for Non-Inclusion of Petroleum Products under GST: Kerala HC

December 8, 2021 972 Views 0 comment Print

Council, for bringing the petroleum products under the GST regime, i.e., (i) the matter involves high revenue implications, (ii) requires larger deliberations and (iii) during pandemic times, it would be difficult to bring petroleum products under GST regime.

Minimum Area of one acre of land for Section 80IB (10)- HC explains

December 8, 2021 3273 Views 0 comment Print

PCIT Vs Karavali Housing (Karnataka High Court) Section 80IB (10) it is not the mandate of the Section that the housing project must be on a vacant plot of land having minimum area of one acre and that where a new housing project is constructed on a plot of land having minimum area of one […]

Section 130 of CGST Act contemplate release of goods on payment of fine in lieu of confiscation

December 8, 2021 26673 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the Review Petition and  it was observed that the provisions of section 130 of the Act contemplate release of goods on payment of fine in lieu of confiscation at two stages (i) during the process of adjudication, under section 130(2) and, (ii) post-adjudication under section 130(3) of the Act.

HC allows SVLDR Scheme despite delay in payment subject to payment of Interest

December 8, 2021 5703 Views 0 comment Print

We are of the view that the appellant should be permitted to remit the taxes, as quantified in the Form-3 declaration issued to the appellant, subject to of course by also paying interest @ 15% from 01.07.2020 till the date of remittance, which we shall fix as on or before 17.09.2021. If the appellants comply with the said condition, then the appropriate authority under the SVLDR Scheme shall consider the appellant’s application and proceed in accordance with the provisions of the said Scheme.

HC allows re-export of prohibited imported goods

December 8, 2021 7872 Views 0 comment Print

Unik Traders Vs Additional Commissioner of Customs (Madras High Court) Option to re-export imported goods, held to be prohibited goods, should be given to mitigate loss of importer Facts- It is the case of the petitioner that they are incurring Demurrage and Container Detention Charges for the containers to the liners as the imported consignments […]

Adjudication of correctness of CA’s report by Disciplinary committee of ICAI, no need once the report passed judicial scrutiny

December 7, 2021 2622 Views 0 comment Print

The court sanctioned the Scheme of Amalgamation vide judgement dated 26.03.2015 and it is apparent that the Court found no fault with or falsity in the report. Once the report passed the threshold of judicial scrutiny, there was no reason why the Disciplinary Committee of ICAI should have adjudicated the correctness or otherwise of the report.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031