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Section 138 NI Act- HC Explains Non-MICR Cheque Bouncing & Notice Under Certificate of Posting

July 19, 2021 14754 Views 0 comment Print

Md. Nasim Ansari son of Late Md. Muslim Vs The State of Jharkhand (Jharkhand High Court) Heard Mrs. Ritu Kumar, learned counsel for the petitioner. 2. Heard Mrs. Vandana Bharti, learned A.P.P. appearing on behalf of the opposite party- State. 3. Heard Mr. Ashok Kr. Sinha, learned counsel appearing on behalf of the opposite party […]

HC upheld addition for difference in Valuation of Closing Stock

July 19, 2021 4494 Views 0 comment Print

Goa Carbon Ltd Vs JCIT (Bombay High Court at Goa) In the present case, the Assessee, apart from submitting an unsigned chart, allegedly based on the books of account maintained by the Assessee, had failed to produce on record any material in support of the substantial variation between the cost price and the market price. […]

CBI to enquire validity of alleged Email sent by Income Tax Dept

July 16, 2021 1476 Views 0 comment Print

CBI to enquire as to whether the email dated 31st May, 2021 had been issued to assessee or not, and if so, by whom. In the event it was found that the email dated 31st May, 2021 had been forged and fabricated by assessee it would initiate action under Sections 191/192/196 of the IPC. However, if it was found that the email dated 31st May, 2021 had been issued by the Income Tax of India’s e-filing portal, then it would not hesitate to take action against the Deponent

Extraordinary Writ Jurisdiction cannot be invoked in case of Fake ITC & Bills

July 16, 2021 5178 Views 0 comment Print

M/s. Ajanta Industries Vs Commissioner of Central Goods and Services Tax and Anr. (Delhi High Court) It is settled law that a petitioner who files a petition invoking the extra ordinary writ jurisdiction has to come to Court with clean hand. Further, a petitioner who seeks equity must do equity. In commercial/appellate jurisdiction, a Court […]

Calcutta HC too stays reassessment proceedings U/s. 148 R.W. 148A

July 15, 2021 15432 Views 0 comment Print

Honourable Calcutta High Court too stayed the reassessment proceedings under section 148 read with section 148A , notices issued post 31/03/2021 and the notifications of extension of notices , following the ratio of the other HC judgements on similar issues . Interim order of STAY PASSED 

No appeal against ITAT order to be entertained in absence of substantial question of law

July 15, 2021 1386 Views 0 comment Print

Since the findings recorded by ITAT being findings of fact, the appeal could not be entertained in absence of any substantial question of law being involved in the same, therefore, appeal of authority was dismissed.

Rule 86-A: Lien Limited to Specified Amount if No Credit in Ledge

July 15, 2021 2823 Views 0 comment Print

R M Dairy Products LLP Vs State of U P  (Allahabad High Court) If there is no positive credit standing in the electronic credit ledger on the date of the order, passed under Rule 86-A, that order would be read to create a lien upto limit specified Provision of Rule 86-A is not a recovery […]

HC stays section 148 notice for non-compliance of Section 148A

July 15, 2021 2577 Views 0 comment Print

Bagaria Properties and Investments Private Limited & Anr. Vs Union of India and Ors. (Calcutta High Court) The Court:-In this matter petitioners have challenged the impugned notices dated 29th May, 2021 and 18th June, 2021 relating to assessment years 2014-15 and 20 15-16 respectively under Section 148 of the Income Tax Act, 1961 on the […]

HC directed to adjudicate matter before Tribunal as it involved adjudication on technical points w.r.t. business transactions

July 14, 2021 1116 Views 0 comment Print

M/s. BAPL Industries Limited Vs Union of India (Madras High Court) HC directed to adjudicate matter before Tribunal as it involved adjudication on technical points w.r.t. business transactions In M/s BAPL Industries Limited v. Union of India [W.P. 27387/2011 and MP No. 1/2011 & 1/2013 decided on July 14, 2021], M/s BAPL Industries Limited (Petitioner), […]

RWAs/Societies to pay GST on members’ monthly contribution exceeding Rs. 7500: HC

July 14, 2021 16545 Views 5 comments Print

Greenwood Owners Association Vs Union of India (Madras High Court) In the case of Dilip Kumar (supra), the Supreme Court reiterates the settled proposition that an Exemption Notification must be interpreted strictly. The plain words employed in Entry 77 being, ‘upto’ an amount of 7,500/- can thus only be interpreted to state that any contribution […]

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