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Reopening for accommodation entry based on inquiries & Investigation report was valid: HC

August 18, 2021 3876 Views 0 comment Print

Sanjay Baulal Surana Vs ACIT (Gujarat High Court) 1. The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to […]

HC rejects Plea Seeking Waiver Of Detention Charges Imposed By ICDs & CFSs During Lockdown

August 18, 2021 3804 Views 0 comment Print

Polytech Trade Foundation Vs Union of India (Delhi High Court) Conclusion: These are all issues involving disputed questions of fact, not amenable to adjudication under Article 226 of the Constitution of India. It is not open to the Court – just as it was not open to the executive authorities – to approach the matter solely […]

P&H HC allow Spicejet to pay GST dues in installment

August 17, 2021 1791 Views 0 comment Print

Current writ petition has been filed by SpiceJet Limited (Petitioner) to quash the Notice bearing No. 1273, ETO/W-1/GGM (North) dated July 27, 2021 which provided to the Petitioner to discharge its statutory tax dues.

HC Court directs GST dept to consider ‘Spicejet’ Plea of paying GST dues in Installments

August 17, 2021 1149 Views 0 comment Print

Spicejet Limited Vs Excise And Taxation Officer Cum Proper Officer (Punjab & Haryana High Court) 1. This petition has been filed under Article 226 and 227 of the Constitution of India for quashing the notice bearing No. 1273, ETO/W-1/ GGM (North) dated 27.07.2021 (Annexure P1) to discharge its statutory tax dues, or in alternate direct […]

Writ Petition Against section 148 Notices In Bombay High Court

August 16, 2021 9204 Views 0 comment Print

Mansi Ankit Bhalaria Vs Union of India And Ors. (Bombay High Court) A  NUMBER OF WRITS FILED IN BOMBAY HIGH COURT AGAINST NOTICES UNDER SECTION 148 AND VIRES OF TAXATION AND OTHER LAWS ACT 2020 ALSO CHALLENGED, STAY GRANTED According to petitioners, the extension of time limit granted under The Taxation and Other Laws (Relaxation […]

Delhi HC stays assessment framed u/s 143(3)/144B

August 16, 2021 2982 Views 0 comment Print

Centum Finance Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) Delhi High Court, in the case of Javin Centum Finance Ltd. vide order dated 12.8.2021, set aside the assessment , which was framed 143(3) r/s section 144B of the Income Tax Act, 1961 on 11.6.2021, on the basis of notices issued […]

Alleged Wrongful input tax credit : HC dismisses Plea for anticipatory bail

August 15, 2021 1116 Views 0 comment Print

Hema Garg and another Vs State of Haryana and another (Punjab & Haryana High Court) It is submitted that in the instant case, the petitioners are praying for anticipatory bail, in response to the notices issued by the respondents-Department, just in the shape of demand in form GST DRC-01A with an advice to pay the […]

Rejection of Nil/lower withholding tax certificate: HC refers matter back to AO

August 15, 2021 2241 Views 0 comment Print

Cloudtail India Private Limited Vs CIT (Delhi High Court) Mr. Ruchir Bhatia, Advocate accepts notice on behalf of respondents. He states that AO has given reasons for rejecting petitioner’s Form 13 application for Nil/lower withholding tax certificate. He also states that as there was limited scrutiny for A/Y 2018-19, the provision for slow and ageing […]

Parties cannot be asked to approach HC to hand-hold NCLT

August 15, 2021 1128 Views 0 comment Print

It is for the NCLT to decide whether the matter before it ought to be decided or not, whether any injunction operates or impedes the progress of the matter before it and the parties cannot be asked to approach this Court for this Court to hand-hold the NCLT and guide it through its proceedings.

COFEPOSA: HC sets aside detention order against Gold Smuggling accused

August 15, 2021 3264 Views 0 comment Print

Mohd. Nashruddin Vs Union of India (Delhi High Court) 1. The present petition under Article 226 of the Constitution of India, essentially in the nature of writ of habeas corpus, has been instituted on behalf of Mohammed Nashruddin Khan (hereinafter referred to as the ‘detenu’), praying for quashing of detention order bearing No. PD-12001/03/2020- COFEPOSA […]

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