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HC deletes penalty equal to tax amount for E-way Bill Expiry & Imposes Rs. 10000 Penalty

January 7, 2021 5016 Views 0 comment Print

M/s. Sri Gopikrishna Infrastructure Pvt.Ltd Vs State of Tripura and Ors (Tripura High Court) Quantum of penalty for transportation the taxable goods without the cover of valid e-way bill Learned counsel has fairly stated that only violation that has been noticed by the taxing authority is of not carrying the valid e-way bill against the […]

HC explains Parallel enquiries on same GST issues by State & CGST authorities

January 7, 2021 10503 Views 0 comment Print

RCI Industries And Technologies Ltd Vs Commissioner DGST Delhi & Ors. (Delhi High Court) If an officer of the Central GST initiates intelligence- based enforcement action against a taxpayer administratively assigned to State GST, the officers of the former would not transfer the said case to their counterparts in the latter department and they would […]

GST: Penalty equal to tax amount cannot be imposed for Section 122(xiv) Breach

January 7, 2021 6234 Views 0 comment Print

Gopikrishna Infrastructure Pvt. Ltd. Vs State of Tripura (Tripura High Court) Mr. Majumder, learned counsel has contended that there is no fraudulent intention or malafide act indulged by the petitioner. It was a lapse under very abnormal circumstances of lockdown and that aspect of the matter has not been considered at all. Moreover, Mr. Majumder […]

Hc explains category of Directors seeking setting aside of disqualification & activation of DIN/DSC

January 6, 2021 1554 Views 0 comment Print

Delhi HC sets aside director disqualification in Anjali Bhargava vs Union of India case. Reactivation of DIN and DSC ordered for CFSS-2020 benefit.

Law of Reopening of assessment under Section 147 of Income Tax Act 1961

January 6, 2021 6387 Views 0 comment Print

Kantibhai Dharamshibhai Narola Vs ACIT (Gujarat High Court) (i) The Court should be guided by the reasons recorded for the reassessment and not by the reasons or explanation given by the Assessing Officer at a later stage in respect of the notice of reassessment. To put it in other words, having regard to the entire […]

Reactivate DIN/DSC of directors of defaulting Companies: Delhi HC

January 6, 2021 2190 Views 0 comment Print

Explore the Delhi High Court’s decision in Anant Narain vs. Union of India, addressing the revival of DIN/DSC for directors under CFSS-2020. Learn about the scheme’s purpose, conditions, and implications for disqualified directors of struck-off companies.

GST: Power to attach Bank Account cannot be used in absence of statutory precondition

January 6, 2021 4746 Views 0 comment Print

Power to attach the bank account must therefore be exercised only in strict compliance with the statutory power, and could not be extended to cover situations which were not expressly contemplated by the section. Absent the statutory precondition for exercise of the power of attachment, any order under Section 83 was wholly illegal and unsustainable. 

Setting off of unabsorbed depreciation against income after lapse of 8 years allowable

January 6, 2021 2568 Views 0 comment Print

Unabsorbed depreciation pertaining to the assessment year 1997-98 to 2001-02 can be carry forward and adjusted after the lapse of eight assessment years in view of the section 32(2) as amended by the Finance Act, 2001. 

Employee VRS Scheme amount entitled to simultaneous Section 10(10C)(viii) deduction & Section 89(1) relief

January 5, 2021 4686 Views 0 comment Print

V. Gopalan Vs CCIT (Kerala High Court) The appellant admittedly took voluntary retirement in the year 2001. He had also claimed deduction under Section 10 (10C) (viii) and relief under Section 89 (1) of the Income Tax Act while filing his return of income for the relevant assessment year. The claim came to be rejected […]

File representation with appropriate authority for Reimbursement of differential tax amount due to change in tax regime from VAT to GST: HC

January 5, 2021 1668 Views 0 comment Print

Kailash Chandra Bisoyi Vs State of Odisha (Orissa High Court)  The main issue involved in such matters is that the difficulty faced by the contractors due to change in the regime regarding works contract under GST. The grievance of the petitioner is that in view of the introduction of the GST, petitioner is required to […]

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