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HC quashes Faceless Assessment order for not furnishing Mandatory draft assessment order to Assessee

September 28, 2021 6435 Views 0 comment Print

Chander Arjandas Manwani Vs National Faceless Assessment Centre & ors. (Bombay High Court) In our view, as noted earlier no draft assessment order has been issued at all let alone on 1st February, 2021. The notice dated 1st February, 2021, as stated earlier, is seeking further documentary evidences and those evidences sought are for the […]

Rule 86A provides for Interim restriction of attachment, bi-parte hearing order should be passed to make it permanent

September 28, 2021 3669 Views 0 comment Print

Sahil Enterprises Vs Union of India (Tripura High Court) In M/s Sahil Enterprises. v. Union of India. [IA No.1/2021 with WP(C) No.531/2021 dated September 14, 2021], M/s Sahil Enterprises (Petitioner) has filed the current application seeking interim relief for removing the provisional attachment which was ordered by the Commissioner of Central Goods and Services Tax, […]

HC issues notice on plea challenging GST On Services by Advocates Association to Its Members

September 28, 2021 1659 Views 0 comment Print

Kerala High Court Advocate Association Vs Assistant Commissioner (Kerala High Court) Kerala HC issued notice to Govt. in writ challenging GST on goods and services provided by Association to its members Kerala High Court Advocates’ Association (Petitioner) filed a Writ Petition challenging GST on goods and services provided by the Petitioner to its own members. […]

All Shares enjoy long term capital gain benefit on transfer after 12 months

September 28, 2021 10668 Views 0 comment Print

All shares whether listed or unlisted have enjoyed the benefit of shorter period of holding and even any investment in shares of private limited companies enjoyed long-term capital gains on its transfer after twelve months.

Private parties cannot apportion Income Tax liability by private agreement

September 28, 2021 5310 Views 0 comment Print

Rajeev Behl Vs PCIT (Delhi High Court) Sub-section (1) of Section 179 cast burden upon the director to prove that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part. The burden being on the director, the respondent ought to have established the requirements of the sub-section to […]

Section 154 of Customs Act cannot be invoked for compliance of original adjudication order

September 28, 2021 3927 Views 0 comment Print

M. K. Saha and Co. Vs Union of India (Calcutta High Court) Conclusion: In present facts of the case, the Hon’ble High Court observed that corrigendum under Section 154 of the Customs Act, 1962 is not sustainable in law since in the name of rectification of clerical or arithmetical or typographical mistake neither any additional […]

State cannot impose tax on sales of ENA, post enactment of 101st Constitution Amendment

September 28, 2021 1929 Views 0 comment Print

Jain Distillery Private Limite Vs State Of U.P. (Allahabad High Court) High Court held the State lost its legislative competence to enact laws, to impose tax on sales of ENA, upon the enactment of the 101st Constitution Amendment. Consequently, and upon considering Section 174(1)(i) of UPGST Act, 2017, the impugned Notification dated 17.12.2019, insofar as […]

Deficiency in the GST portal has to be covered up manually and can’t be a excuse for not amending BOE

September 27, 2021 1734 Views 0 comment Print

Sinochem India Company Pvt. Ltd. Vs Union of India & Ors. (Bombay High Court) In Sinochem India Company Pvt. Ltd. v. Union of India & Ors. [Writ Petition (L) No. 13894 of 2021] and in Hindustan Unilever Ltd. v. The Union of India & Ors, [Writ Petition (L) No. 8163 of 2021] involve a common […]

For Cases admitted by NCLT all proceeding should be concluded by NCLT only

September 27, 2021 5139 Views 0 comment Print

Shriraj Investment and Finance Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) Delhi HC: Where the case has been admitted in NCLT, all the contentions including power to initiate such proceeding should be raised before and concluded by NCLT only Shriraj Investment Pvt. Ltd. (Petitioner No. 1) and Casper Consumer Electronics […]

In case two inferences of fact are possible, the one drawn by lower court will not be interfered by HC in second appeal

September 27, 2021 2130 Views 0 comment Print

CIT (E) Vs Dabur Research Foundation (Delhi High Court) The Supreme Court in Hero Vinoth (Minor) vs. Seshammal, (2006) 5 SCC 545 has also held that in a case where from a given set of circumstances two inferences of fact are possible, the one drawn by the lower appellate court will not be interfered by […]

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