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Gujarat HC directs Central Govt to ‘re-Look’ into Definition of ‘Textile’

December 24, 2020 1437 Views 0 comment Print

CTM Technical Textiles Ltd Vs Union of India (Gujarat High Court) Both the goods in question are being manufactured by the writ-applicants by weaving; it being warp knitting in case of the Agro Shade Net and weaving by warp and weft in case of the Geo Grid fabrics. Both these commodities are in the nature […]

HC issued directions to Police for Complaints / FIRs filed on Economic Offences must be disposed of properly

December 24, 2020 4542 Views 0 comment Print

Respective officer was directed to dispose of complaints/FIRs filed in respect of economic offences and take appropriate action within a period of 15 days from the date of receipt of certified copy of the order passed today. 

Miscellaneous application filed within 6 Month of actual receipt of order is not barred by limitation

December 23, 2020 18618 Views 0 comment Print

ITAT has erroneously concluded that the miscellaneous application filed by the petitioner was barred by limitation under Section 254(2) of the Act inasmuch as the petitioner had filed the miscellaneous application within six months of actual receipt of the order.

Section 44AD not eligible on Interest/Remuneration Income of Partner from partnership firm

December 23, 2020 62121 Views 1 comment Print

Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in holding that interest and salary received by the assessee from firms in which he was a partner cannot be construed as business income u/s. 28(v) and therefore not eligible for applying the presumptive interest rate of 8% under section 44AD of the Act? 

Refund amount collected as Stamp Duty on Bills of Entry filed for Import: HC

December 23, 2020 6150 Views 0 comment Print

Ramratna Wires Ltd. Vs State of Gujarat (Gujarat High Court) The issue raised in this writ application as regards the legality and validity of collecting the stamp duty on the Bills of Entry is no longer res-integra in view of the pronouncement of this Court in the case of State of Gujarat and others Vs. […]

Section 11 exemption cannot be denied merely for non filing of Form no. 10

December 22, 2020 8379 Views 0 comment Print

Trust For Reaching The Unreached Through Trustee Vs CIT (Exemptions) (Gujarat High Court) The writ-applicant is a public charitable trust. The writ-applicant seeks to challenge the order passed by the respondent dated 26th August 2019 under Section 119(2)(b) of the Income Tax Act, 1961, rejecting the application filed by the writ-applicant for condonation of delay […]

No Penalty if issue is debatable on which Appeal is been admitted

December 22, 2020 9471 Views 0 comment Print

Delhi High Court has upheld the deletion of the penalty on the ground i.e. the fact that appeals were admitted proved that the issue was debatable.

HC Raps Commissioner for excessive exercise of power- GST- Section 83

December 22, 2020 2427 Views 0 comment Print

Because the Commissioner is conferred with the power of provisional attachment under section 83 it would not ipso-facto mean that he can straight away proceed to provisionally attach any property including bank accounts of a taxable person merely on the ground of pendency of proceedings under section 67.

Allowed refund of IGST paid on ocean freight beyond limitation period prescribed under GST Law

December 22, 2020 7518 Views 0 comment Print

HC allowed the refund claim of Integrated Goods and Service Tax (IGST) paid on ocean freight under the reverse charge mechanism (RCM) beyond the statutory time limit prescribed under Section 54 of the Central Good and Service Tax Act, 2017

Addition justified for Bogus Donation received by Educational Trust

December 22, 2020 2298 Views 0 comment Print

Addition made by AO against Educational Trust on account ofdonations were found to be bogus  was justified as  assessee failed to discharge the onus of proof cast upon it and no attempt was made to produce credible material to corroborate the transactions or to explain the contradictory evidence that it was confronted with.

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