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Taxability of “Appy Fizz” to be decided by Rajasthan HC

September 3, 2021 4857 Views 1 comment Print

current petition has been filed against the notices issued by Dy. Commissioner (State Tax) Circle – Anti Evasion & Anr. (Respondent) which treated the beverage ‘Appy Fizz’ as a non-alcoholic beverage under the heading of 2202 99 90 making it liable to 18% Goods and Services Tax (GST).

HC upheld validity of section 148 notices issued between 01.04.2021 to 30.06.2021 without following section 148A procedure

September 2, 2021 28281 Views 0 comment Print

Palak Khatuja Vs Union Of India (Chhattisgarh High Court) 1. The time for issuance of notice under Section 148, the end date was initially extended uptill on 30th day of April 2021 and subsequently again by notification dated 27th April, 2021 the time limit of 30th day of April 2021 was further extended up till […]

Bail Application got rejected of CA charged with creating fake firms to avail credit

September 2, 2021 5881 Views 0 comment Print

This bail application filed on behalf of the petitioner deserves to be dismissed; for the reasons, firstly, the petitioner failed to appear before the Department while notices were issued to him, secondly, even after filing of complaint before the learned Trial court, he remained absconded for about one year and thirdly, the petitioner is a chartered accountant, who is master mind of the crime and he has created 38 fake firms and availed ITC wrongfully to the tune of 6,36,32,492/-.

Reassessment restrained in 79 cases for not following section 148A procedure

September 2, 2021 3915 Views 1 comment Print

Revenue authorities were restrained from continuing with reassessment till further orders with respect to notices issued on or after 1-4-2021 without following the procedure prescribed under section 148A in 79 cases.

HC Quashes Appointment by SEBI of Grant Thornton As Forensic Auditor of A Company

September 1, 2021 7914 Views 0 comment Print

SEBI’s order appointing GTB as a forensic auditor challenged. High Court quashes decision due to bias concerns, orders new auditor appointment

Customs Interest cannot be waived unless such provision provided in Customs Act

September 1, 2021 5286 Views 0 comment Print

Pomsy Food Products (P) Ltd Vs Union of India (Kerala High Court) High Court held that Interest under the Customs Act is statutory. There can be no waiver of such interest unless such waiver is provided for in the provisions of the Customs Act itself. FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT The petitioner […]

SVLDRS Discharge certificate cannot be withheld for transition of disputed credits to GST

September 1, 2021 1266 Views 0 comment Print

Bharathi Cement Corporation Pvt. Ltd. Vs Additional Commissioner of Central Tax (Andhra Pradesh High Court) Once the declarant had made payment of the estimated amount as per the statement in the form of SVLDRS-3 within the stipulated time, it was beyond the jurisdiction of the respondents to proceed with adjudication of the show-cause notice issued […]

Appeal can’t be dismissed for want of certified copy of order appealed against

September 1, 2021 6420 Views 0 comment Print

High Court of Orissa held that, mere delay in enclosing a certified copy of order appealed against along with the appeal should not be considered for rejecting the Appeal.

High Court deprecates the “Illness Slip” Device

August 31, 2021 3309 Views 0 comment Print

It is common practice in the District Courts and the High Court for the advocates to pass  “‘Illness Slip’ and the matter is usually passed over by the Courts. It is likely that the advocate may be unwell but there is also likelihood that the ‘illness slip’ is just a device/ruse employed by the said advocate to circumvent hearing/further proceedings of the Court.

Disallowing finance charges, which were allowed in earlier years, needs re-consideration – Matter remanded back to AO

August 31, 2021 1458 Views 0 comment Print

Southern Hills Developers Pvt. Ltd. Vs DCIT (Karnataka High Court) Facts- The Assessing Officer during assessment proceedings noted that the assessee has shown sales on the basis of the recognition of revenue from a project which was jointly executed with a partner. The Assessing Officer opined that finance charges claimed by the assessee were not […]

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