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Reopening of completed assessment based on change of opinion not permissible

June 2, 2021 1302 Views 0 comment Print

CavinKare Pvt. Ltd. Vs DCIT (Madras High Court) It is the case of the petitioner that reopening of the assessment was based on the change of opinion for the year 2011-2012, and there was no ground for reopening of the assessment under Section 148 of the Income Tax Act for the purpose of Section 147 […]

HC Quashes quashed assessment order for violating section 144B

June 2, 2021 1701 Views 0 comment Print

Smart Vishwas Society Vs National Faceless Assessment Centre Delhi (Delhi High Court) In this case Petitioner, is correct in submitting that the provisions of Section 144B of the Act have been violated as no show cause notice-cum-draft assessment order was issued. That being the position, there is no option, but to set aside the impugned […]

Grant of anticipatory bail was rejected to persons accused of money laundering worth Rs. 220 Cr

June 2, 2021 2379 Views 0 comment Print

Jagadish Nangineni Vs Directorate of Enforcement (Punjab and Haryana High Court) Conclusion: Since ED alleged that both assessees were actively involved in the planning and execution of all the transactions involving repeated transfer of funds and were accused of serious economic offences, therefore, grant of anticipatory bail to assessees at this stage would certainly result […]

Court grants bail under PMLA as it had reason to believe that accused was not guilty

June 2, 2021 3000 Views 0 comment Print

While before grant of bail the Public Prosecutor was required to be given an opportunity to oppose the plea for bail and that where the Public Prosecutor opposed such plea the Court could order release of the accused on bail only after recording a satisfaction that there were reasonable grounds for believing that the person to be released was not guilty of the offence he was accused of and that while on bail he was not likely to commit any offence.

HC quashes PMLA proceedings filed before CBI as it would lead to abuse of process of Court

June 2, 2021 9006 Views 0 comment Print

Since there was no material to proceed against assessee under Sections 3 and 4 of Prevention of Money Laundering Act, 2002 and High Court should quash the proceedings if it came to the conclusion that allowing the proceedings to continue, would be an abuse of the process of the Court and that the ends of justice required that the proceedings be required to be quashed.

Order dismissing appeal without assigning necessary reasons not sustainable and is cryptic in nature

June 1, 2021 2079 Views 0 comment Print

Pankaj Sharma Vs Union of India (Patna High Court) The Hon’ble Patna High Court in Pankaj Sharma vs. UOI & Ors. [Civil Writ Jurisdiction Case No. 7431 dated June 01, 2021] set aside the order dismissing the appeal of the assessee passed by the Revenue Department, on the ground that the same is cryptic in […]

Powers conferred to President of ITAT in transfer of live appeals from outside the headquarters

June 1, 2021 2001 Views 0 comment Print

MSPL Ltd Vs PCIT (Bombay High Court) Is the President of ITAT immune from transferring live appeals from one bench of the ITAT to the other bench outside the headquarters? The Hon’ble Bombay High Court in a very recent judgement has decided the bar on the transfer of live appeals from one bench of the […]

HC suggest Law firm to not to write on website/blog, in respect of proceedings, which are being prosecuted by such law firm

June 1, 2021 1170 Views 0 comment Print

Society For Tax Analysis And Research Vs Union Of India & Ors. (Delhi High Court) The Delhi High Court, while considering a petition filed by Society for Tax Analysis and Research, a two-judge bench of the Delhi High Court has held that a law firm cannot report the details of the cases through their website/blog […]

After taking cognizance by a Magistrate, no police investigation can be initiated: Tripura HC on a GST case   

May 28, 2021 7965 Views 0 comment Print

High Court of Tripura, in Shri Sentu Dey Vs. The State of Tripura & Ors has proclaimed that a Magistrate cannot revert to calling for police investigation in a case where he has previously taken cognizance of the offences.

Department should not have attached bank account once it came to know of appeal with mandatory pre-deposit

May 28, 2021 1524 Views 0 comment Print

J.S. Grover Autos Pvt. Ltd. Vs Commissioner of Central Goods & Services Tax (Punjab & Haryana High Court) It is undisputed fact that petitioner has filed an appeal before First Appellate Authority against the assessment order, whereby demand was created. It is also undisputed that Board Circulars are binding on department and as per Circular […]

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