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Karnataka HC directs GST authorities to Permit Filing of Tran-1

August 25, 2021 654 Views 0 comment Print

Malnad Projects Private Limited Vs Union of India (Karnataka High Court) The subject matter of this Writ Petition is substantially similar to the one treated by a Division Bench of this Court in W.A.No.461/2020 (T-RES) between UNION OF INDIA AND OTHERS Vs. M/S AT AND S INDIA PVT. LTD., AND ANOTHER, disposed off on 1.4.2021 […]

TDS on trade discount to news paper vendors & P2P payment to Advertising Agents

August 25, 2021 1671 Views 0 comment Print

PCIT Vs Dempo Industries Pvt. Ltd. (Bombay High Court) Heard the learned Counsel for the parties. 2. This appeal was admitted on 18th October 2016 on the following substantial questions of law: A. Whether the Hon’ble ITAT was right in completely ignoring the decision of the Hon’ble ITAT, Kolkata in ACIT V/s. Bharati Cellular Ltd.(105) […]

GST Assessment order invalid if sufficient opportunity was not granted to petitioner

August 25, 2021 1017 Views 0 comment Print

Tvl. J.F. International Vs The Commissioner of Commercial Taxes (Madras High Court) In the instant case, the objections raised by the petitioner through their various replies, in which they have reiterated that they are ready and willing to produce books of accounts, were not considered in the impugned assessment order. But the impugned assessment order […]

HC directs Commissioner for fixation of a special rate to value added to manufactured goods

August 25, 2021 1314 Views 0 comment Print

HC direct the Principal Commissioner, GST, Guwahati to consider the application of the petitioner dated 18.05.2020 seeking for fixation of a special rate to the value addition to the manufactured goods of the given financial year and decide the same as per law.

Special Audit: Period petition remained pending for verdict needs to be excluded in computation

August 25, 2021 1896 Views 0 comment Print

Dishman Infrastructure Limited Vs ACIT (Gujarat High Court) Request made by the learned Sr. Advocate Mr.M. R. Bhatt for the respondent to exclude the period during which the present petition remained pending in the High Court after issuance of the notice i.e. from 14.6.20201 till this date, deserves to be considered for the purpose of […]

GST Evasion: Bombay HC refuses Anticipatory Bail to accused

August 24, 2021 1842 Views 0 comment Print

Premprakash laxminarayan bansal Vs State of Maharashtra (Bombay High Court) 1. Apprehending arrest in connection with Crime No. 0178/2021 registered with APMC Police Station, Navi Mumbai for the offences punishable under Sections 420, 406 and Section 34 of the Indian Penal Code, the applicant seeks pre-arrest bail. 2. The subject crime was registered at the […]

HC dismisses Actor Suriya’s plea to waive interest on income tax

August 24, 2021 1392 Views 0 comment Print

R.S. Suriya Vs PCIT (Madras High Court) Learned counsel for the petitioner reiterated that mere possession of assests by the assessee cannot be a disqualification to consider the ground of genuine difficulty. Certainly, the learned counsel for the petitioner is right in saying so. However, the genuine difficulty as defined is the subjective satisfaction of […]

TNVAT: No reversal of ITC for input loss during manufacturing

August 24, 2021 4344 Views 0 comment Print

R. K. Ganapathy Chettiar Vs Assistant Commissioner (ST) (Madras High Court) In that case, a certain amount of input had been utilised by the assessee, whereas the input in the finished product was marginally less. VAT department proceeded to reverse the cenvat credit on the difference between the original quantity of input and the input […]

Depreciation not allowable on non-compete fee

August 23, 2021 3558 Views 0 comment Print

Fortis Hospitals LTD. Vs ACIT (Delhi High Court) The appellant had entered into a Business Transfer Agreement with Wockhardt Hospitals Ltd. on 24.08 .2009, for acquiring a business division of Wockhardt Hospitals Ltd. consisting of ten hospitals situated in the cities of Bangalore, Kolkata and geographical limits of Eastern Mumbai. The appellant claims to have […]

No rectification under section 154 in section 264 Revisional order on new issues

August 23, 2021 2421 Views 0 comment Print

Rakesh Agarwal Vs ITO (Calcutta High Court) The Court:-The petitioner has challenged the impugned order dated 20th December, 2011 rejecting the petitioner’s application under Section 154 of the Income Tax Act, 1961 for rectification of the alleged mistake in the order dated 22nd December, 2011 passed under Section 264 of the Act on the ground […]

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