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No section 40A disallowance on Cash Payment for fish or fish product

August 31, 2021 4875 Views 0 comment Print

CIT Vs Ayshwarya Sea Food Pvt. Ltd. (Madras High Court) on facts, the Commissioner of Income Tax (Appeals) and the Tribunal held that the assessee had purchased shrimp products from a supplier at Nellore and the explanation given by them at the first instance before the Assessing Officer is that they are doing shrimp feed […]

Sec 138 NI Act- Complainant to prove the existence of a debt

August 31, 2021 21240 Views 1 comment Print

V.P. Zacharia Vs State of Kerala (Kerala High Court) his is a case where the 2nd respondent/accused has been successful in rebutting the statutory presumption under Section 139 of the Negotiable Instruments Act. The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a […]

Revisional order passed merely based on notings & in absence of records was invalid

August 31, 2021 3591 Views 0 comment Print

North End Food Marketing Pvt. Ltd. Vs State of U P (Allahabad High Court) The preconditions for the exercise of powers are basically two folds, namely, error in the order passed by an officer subordinate to the revisional authority and prejudice to the interest of revenue. Once these two conditions stood fulfilled, it was incumbent […]

Parallel proceedings by State & Central GST Authorities: HC explains scope of Section 6(2)(b)

August 30, 2021 5211 Views 0 comment Print

Kuppan Gounder P.G.Natarajan Vs Directorate General of GST Intelligence (Madras High Court) Let us consider the scope of Section 6(2)(b) of the Act. It contemplates that “where a proper officer under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act has initiated any proceedings on a subject matter, […]

GST: Bank account cannot continue to be attached after one year

August 30, 2021 2760 Views 0 comment Print

Implement Impex Private Limited Vs State of Maharashtra (Bombay High Court) The grievance that has been voiced in this writ petition is that despite lapse of more than a year from the date provisional attachment of the petitioner’s bank account was ordered, the Joint Commissioner has not lifted such order of provisional attachment. In ground […]

Surplus with deficit as per shareholders’ account should be aggregated with policyholders’ account

August 30, 2021 1479 Views 0 comment Print

Assessee is engaged in the business of life insurance. AO completed the assessment treating the surplus under shareholders account as income from business and taxed at normal rates.

HC dismisses ILFS’s plea challenging SEBI’s SCN imposing penalty

August 30, 2021 2370 Views 0 comment Print

IL & FS Financial Services Limited Vs SEBI (Bombay High Court) Conclusion: Show-cause notice issued for imposition of penalty under section 15HB and 15A(b) of the SEBI Act for violating the provisions of LODR Regulations was according to section 15-I(3) with second proviso or not, that could be decided by the authority at the time […]

Technology to facilitate taxpayer & cannot be used to harass an assessee

August 30, 2021 1704 Views 0 comment Print

Krishan Agarwal Vs. PCIT (Delhi High Court) This Court is of the opinion that technology is intended to ease and facilitate transactions and cannot be used as a basis for harassing an assessee by asking him to repeatedly file unnecessary and irrelevant forms. This Court is also of the view that the software and the […]

Uttarakhand HC upheld levy of Water Tax on hydropower projects

August 30, 2021 6168 Views 1 comment Print

The claim of the petitioners with regard to the ‘flow measuring devices’ not being installed by the Commission under Section 14.1 of the Act falls in the third alternative of adopting an indirect method for assessment of water drawn by the user.

Uttarakhand HC ruling on reversal of ITC on non deposit by supplier

August 28, 2021 3834 Views 0 comment Print

Narula Menthol Vs UOI & Ors. (Uttarakhand High Court) 1. Hon’ble Uttarakhand High Court has quashed the demand intimation letters issued by the GST Dept. which directed the Petitioner to reverse the ITC amounting to Rs. 1.75 Cr on the basis that the supplier from whom the goods were purchased, has failed to deposit the […]

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