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HC quashed reassessment proceedings as reason approved a day after issue of section 148 notice

December 4, 2021 3003 Views 0 comment Print

River Valley Meadows and Township (P) Limited Vs. DCIT (Bombay High Court) Bombay High Court quashed reassessment proceedings where reason approved one day after issue of notice u/s 148 In the present case, notice under Section 148 of the Income Tax Act, 1961 was issued for the A.Y. 2015-16 by the Jurisdictional assessing officer on […]

Section 292BB of Income Tax Act cannot be given a retrospective effect

December 3, 2021 1635 Views 0 comment Print

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to […]

HC grants anticipatory bail to person accused of fraudulently availing & passing on fake ITC

December 2, 2021 3450 Views 0 comment Print

Anticipatory bail was granted to a person accused of fraudulently availing and passing on fake Input Tax Credit (ITC) worth Rs. 72 Crores with some stringent conditions in view of the prior conduct of assessee.

No cenvat credit on catering service availed by assessee-employer to provide food & beverages in factory canteen

December 2, 2021 3555 Views 0 comment Print

Toyota Kirloskar Motor Private Limited Vs Commissioner of Central Tax (Karnataka High Court) No cenvat credit on outdoor catering service availed by assessee-employer for providing food and beverages in factory canteen Conclusion: Services received by assessee in the capacity of employer for providing food and beverages in the canteen maintained and run in the factory […]

GST Evasion accused released on regular bail after 2½ years

December 1, 2021 2358 Views 0 comment Print

The petitioners are alleged to have floated bogus firms and by entering into bogus transactions with bigger firms, they were getting huge amounts deposited in the bank accounts of the bogus firms so floated and were eventually facilitating the big firms to save on GST in a fraudulent manner

Petitioner entitled to avail NIL rate of withholding tax on aircrafts leased to AIL – Delhi HC

December 1, 2021 2163 Views 0 comment Print

Celestial Aviation Trading 64 Limited Vs ITO (Delhi High Court) Facts- The petitioner entered into an Aircraft Specified Lease Agreement with Air India Limited for lease of one aircraft for a period of 12 years. The case of the petitioner is that the petitioner made applications under Section 197 of the Act for ‘Nil‟ rate […]

HC set aside order as reasons for rejection of GST refund not been recorded in writing

December 1, 2021 13392 Views 0 comment Print

HC set aside the orders rejecting refund application, solely on the ground that reasons for rejection of refund have not been recorded in writing in accordance with Rule 92 of the Central Goods and Services Tax Rules, 2017 (CGST Rules) and remanded back the matter to Revenue Department for reconsideration and directed to complete the exercise expeditiously.

HC directs GST dept to reconsider registration of petitioner as composite dealer instead of regular dealer

December 1, 2021 1722 Views 0 comment Print

Counsel for the petitioner further pointed out that instead of giving composite registration, they have given registration to petitioner as regular dealer vide order dated 09.06.2018 and now even the regular registration is being cancelled vide order dated 30.09.2021

Writ petition not maintainable when statutory alternative remedy was available under IT Act

December 1, 2021 2868 Views 0 comment Print

Tvl. Sree Karumariamman Granites Vs ACIT (Madras High Court) Conclusion: Writ petition was not maintainable when the appeal remedy was available and there was nothing to demonstrate that it was not efficacious. Held: Assessee-partnership firm was carrying on business in quarrying and marketing granites. The Tamil Nadu Minerals Limited (TAMIN), which was a Government company […]

Bad debts allowable as deduction under section 36(1)(vii)

November 30, 2021 5724 Views 0 comment Print

CIT Vs South Indian Bank Ltd (Kerala High Court) Facts- The AO through the assessment order disallowed the claim of the assessee under Section 36(1)(viia). Similarly, the AO disallowed the revaluation of unquoted securities adopted by the assessee. The appeal of the appellant before the Commissioner (Appeals) was allowed in part. Further, in the appeal […]

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