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Withholding of CA Student Result for Criticism of ICAI; HC Grants relief

May 13, 2021 32739 Views 22 comments Print

Risha Lodha D/O Bhagwat Singh Lodha Vs Institute Of Chartered Accountants Of India (Rajasthan High Court) (1)  The petitioner, a young girl-student of 21 years of age, has knocked at the doors of this Court being aggrieved by extreme oppressive action of a professional body-The Institute of Chartered Accountants of India (for short, ‘Institute’), which […]

Explanation 2(c) to Section 147 is merely to explain the scope of re-assessment

May 13, 2021 2778 Views 0 comment Print

Sanmina-SCI Technology India Private Ltd. Vs ACIT (Madras High Court) Explanation 2(c) to Section 147 will not come to the aide of the relevance as, while the income chargeable has been made subject to excessive relief, the explanation cannot override the statutory prescription of limitation as set out in the proviso to Section 147. The purpose of the […]

Delhi HC quashes provisional attachment order of bank a/c of Director on fake ITC allegations on its company

May 12, 2021 1845 Views 0 comment Print

Roshni Sana Jaiswal Vs Commissioner of Central Taxes (Delhi High Court) The petitioner was acting as a director on the Board of Directors of a company, between 2006 and 2008 and the department initiated investigation against that that company alleging that the company was availing Input Tax Credit against fake/ineligible invoices. The petitioner was also […]

Personal bank accounts of promoters cannot be attached under CGST

May 12, 2021 1731 Views 0 comment Print

Roshani Sana Jaiswal Vs Commissioner of Central Taxes (Delhi High Court)  Delhi High Court which ruled that  personal bank accounts of promoters cannot be attached under CGST 1. The respondent, before triggering the provisions of Section 83 of the Act, had to satisfy itself that there was a ‘pending’ proceeding under the provisions of Section […]

HC set aside order passed with pre-set mind in violation of justice

May 11, 2021 3579 Views 0 comment Print

Madras High Court quashes impugned order, remits the case to ITO for a fair review, citing violation of justice principles. Writ Petition disposed.

Gauhati HC directs for Reconnecting Electricity Supply to Industrial Unit

May 11, 2021 1452 Views 0 comment Print

BDS Steel Vs Assam Power Distribution Co. Ltd (Gauhati High Court) The learned Senior Counsel for the petitioner has submitted that in the writ petition, the petitioner has disputed that this was a case of theft of electricity and therefore, it is submitted that the petitioner is not required to approach the Special Court as […]

HC sets aside Faceless Assessment Order passed without considering objection to SCN

May 10, 2021 5436 Views 0 comment Print

In the case of the KBB Nuts Private Limited V/s National Faceless Assessment Centre Delhi (NFAC) assessment proceedings and directed the revenue to grant a personal hearing to the authorised representative of the petitioner, before proceeding to pass a fresh assessment order.

Extraordinary times require extraordinary remedy & desperate times require remedial remedy: HC

May 10, 2021 924 Views 0 comment Print

The Apex Court in the case of Suo Motu Writ Petition (C) No. 1/2020 In Re: Contagion of Covid 19 Virus in Prisons has considered the measures for de-congestion of the jails on account of threat of spread of infection of novel corona virus and by the order dated 07.05.2021.

No connection between FEMA & IGST Act for realisation of foreign exchange for export of goods

May 7, 2021 1536 Views 0 comment Print

A perusal of Section 8 of FEMA would show that, it calls upon the concerned person to take “reasonable steps” for realisation and repatriation of foreign exchange proceeds. In this case, the realisation and repatriation of foreign exchange involves proceeds from goods exported by the petitioner.

Bombay HC kept Faceless Assessment Order In Abeyance

May 6, 2021 3315 Views 0 comment Print

Praful M. Shah Vs National Faceless Assessment & Ors. (Bombay High Court) It was alleged by petitioner that Assessment Order was passed by National E Assessment Centre without granting an opportunity to be heard and A Writ Petition was filed in the Bombay High Court against such order. Petitioner claimed that The impugned order is […]

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