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Status of directorship of retired director who issued fraudulent cheque have to be tested at trial

August 15, 2021 3171 Views 0 comment Print

Maj. Surendra Kumar Hooda (retd.) Vs Kapil Gupta (Delhi High Court) Status of directorship of retired director who issued fraudulent cheque have to be tested at trial Hon’ble Delhi High Court held that, the correctness of the allegations against the Director who has already resigned on the date of presentation of postdated cheques issued by […]

Delhi HC stays Section 148 Proceedings in 42 cases

August 14, 2021 5094 Views 0 comment Print

SG Corporation Joint Venture Vs ITO & Ors. (Delhi High Court) 1. The respondents are restrained from continuing with the reassessment proceedings, in any manner, pursuant to the impugned notices. 2. No adjournment shall be granted on the next date of hearing. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT On 13th July, 2021, this […]

Lack of opportunity of hearing results in stay of Bank Attachment & Cancellation of Registration

August 14, 2021 1524 Views 0 comment Print

Cheema Local Carrier & Construction Vs Assistant Commissioner SGST (Chhattisgarh High Court)  Petitioner has filed the current writ petition challenging three issues: Provisional attachment of bank account, Cancellation of registration certificate under Goods and Services Tax (GST); and Input Tax Credit (ITC) being blocked. The Petitioner contended that Rule 21 of the Central Goods and […]

HC set aside Assessment for not following mandatory provisions of section 144B(1)(vxi)(b)

August 13, 2021 1407 Views 0 comment Print

Javin Construction Private Limited Vs National Faceless Assessment Centre & Ors (Delhi High Court) 1. Set asides an assessment framed without issuing SCN and draft assessment order, holding it against the principle of natural justice and mandatory provisions of section 144B(1)(vxi)(b) of the Income Tax Act, 1961. 2. Matter remanded back to the file of […]

Reassessment after 4 year invalid if assessee disclosed all material facts during original assessment

August 13, 2021 1221 Views 0 comment Print

CIT Vs Mr. John Ettimootil Samuel (Madras High Court) 1. Sets aside reassessment framed u/s 147 after expiry of four years of assessment u/s 143(3), holding that the assessee had disclosed all material facts in the original assessment qua consideration and deemed consideration u/s 50C of the Act. 2. The Tribunal was fully justified in […]

Income Tax Refund cannot be adjusted in excess of 20% of Disputed Demand: Delhi HC

August 13, 2021 1875 Views 0 comment Print

In Eko India Financial Services (P) Limited vs Assistant Commissioner of Income Tax in W.P.(C) 5819/2021 dated August 03, 2021 the Hon’ble Delhi High Court directed the Revenue (Respondents) to refund the amount adjusted in excess of 20% of the disputed demand for the Assessment Year (AY). Fact: Eko India Financial Services (P) Limited (Petitioner) […]

HC set aside faceless assessment order as Draft Assessment order was not issued

August 13, 2021 1122 Views 0 comment Print

Pardesi Developers Private Limited Vs National Faceless Assessment Centre (Delhi High Court) Assessment—Faceless assessment—Draft assessment order passed without issue of show-cause notice—In the present case no prior show-cause notice as well as draft assessment order had been issued, there is a violation of principles of natural justice as well as mandatory procedure prescribed under “Faceless […]

Seized goods to be provisionally released during pendency of proceedings before Adjudicating Authority

August 12, 2021 2970 Views 0 comment Print

HC directed the Adjudicating Authority to consider the prayers of provisional release of seized goods of the assessee, during the pendency of the proceedings under the Section 124 of the Customs Act, 1962.

Amendment in Bill of Entry cannot be denied when mistake is by Revenue Authorities

August 12, 2021 17931 Views 0 comment Print

Sony India Pvt Ltd Vs Union of India & Another (Telangana High Court) It is the duty and responsibility of the Assessing Officer / Assistant Commissioner to correctly determine the duty leviable in accordance with law before clearing the goods for Home consumption. The assessing officer instead, having failed in correctly determining the duty payable, […]

HC stays order Levying GST on commission & not on bet amount In Horse Races

August 12, 2021 2451 Views 0 comment Print

Union of India Vs Bangalore Turf Club Limited (Karnataka High Court) Karnataka High Court Stays the Judgment of Single Judge in which he held that Goods and Service Tax (GST) cannot be levied on the entire bet amount received in the totalisator as it would take away the principle that tax can only be levied on […]

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