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Garnishee Notice cannot be issued when appeal is pending & pre-deposit is paid

March 25, 2021 1815 Views 0 comment Print

NG Gadhiya Vs State of Jharkhand & Others (Jharkhand High Court) Considering the facts and circumstances of the case and in view of the specific provision of sub-Sections 6 & 7 of Section 107 of the JGST Act and in view of the admitted position that the subsequent garnishee notices dated 15.01.2021 covers both the […]

Siphoning of Company Funds | Rockland Hospitals Case | HC refuses to Grant Bail

March 25, 2021 6522 Views 0 comment Print

Prabhat Kumar Srivastava Vs SFIO (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. The applicant, vide the present application seeks the grant of regular bail in complaint No. 149/2020 pending before the learned Special Judge, Companies Act, Dwarka District Courts in the complaint titled as ‘Serious Fraud Investigation Officer (SFIO) […]

Writ filed against Not allowing erstwhile Allahabad bank auditors to continue

March 25, 2021 3315 Views 0 comment Print

Chartered Accountants Association filed writ against Indian Bank  for not allotting Statutory Audit for Financial Year 2020-21 to erstwhile Allahabad bank auditors. RBI is been made respondent to the writ.

HC denies Bail in alleged Rs. 18 Crore fake Input Tax Credit Case

March 24, 2021 1590 Views 0 comment Print

Mohit Bathla Vs Central Goods And Service Tax Division Panipat (Punjab & Haryana High Court) Learned senior counsel for the petitioner has reiterated the arguments that on an earlier occasion, when the record of the petitioner was verified on 14.10.2020, a specific note was made by the Assistant Commissioner, CGST, that e-Way bill and transport […]

In absence of any accrual of income TDS is not deductible

March 24, 2021 4134 Views 0 comment Print

Toyota Kirloskar Motor (P) Ltd. Vs ITO (Karnataka High Court) The Supreme Court in SHOORJI VALLABH DAS supra has held that income tax is a levy on income and the Act takes into account two points of time at which the liability to tax is attracted i.e., accrual of income or its receipt but substance […]

HC explains principles for allowability of Foreign Currency Fluctuation loss

March 24, 2021 3606 Views 0 comment Print

(i) whether the system of accounting followed by the assessee is the mercantile system, which brings into debit the expenditure amount for which a legal liability has been incurred before it is actually disbursed and brings into credit what is due, immediately it becomes due and before it is actually received; (ii) whether the same system is followed by the assessee from the very beginning and if there was a change in the system, whether the change was bona fide;

Penalty cannot be imposed merely because assessee had made a new claim

March 24, 2021 1185 Views 0 comment Print

PCIT Vs Taneja Developers and Infrastructure Ltd. (Delhi High Court) Tribunal was required to consider, was: whether penalty could be imposed on the assessee only because it had made a new claim [in line with the change in its accounting policy] in its fresh return? Admittedly, [and there is no dispute about it] AS-7 permitted […]

If proceedings pending under CGST Act than no proceedings can be initiated under SGST

March 24, 2021 4038 Views 0 comment Print

Raj Metal Industries & Anr. Vs Union of India & Ors. (Calcutta High Court) While allowing a writ petition filed by Raj Metal Industries & Anr, the Calcutta High Court has quashed the proceedings initiated by the West Bengal GST authorities by considering the fact that the matter is already pending before the CGST authorities. […]

GST: HC waives condition of Bank Guarantee of Rs. 30 Crore

March 24, 2021 1326 Views 0 comment Print

What is the reasonable apprehension with the authority is not disclosed in the order at Ext.P6(Series) or in the order at Ext.P9. Furnishing bank guarantee of about Rs.30 crores would certainly block that much amount from the business of the petitioner. The petitioner, on account of an order by the adjudicating authority has no remedy of appeal under Section 107 of the CGST Act in the matter.

Fake GST ITC: Meerut Court Rejects Bail Application

March 24, 2021 1794 Views 0 comment Print

Vishan Gupta Vs State of U.P. (Meerut District Court) The applicant has been arrested and he has been explained the grounds of his arrest. The raid and search operation were conducted by the team of officers of Directorate General of GST intelligence on 25/­05/­2019 at the rented premises and during search some documents and Computer […]

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