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HC grants Relief under SVLDR Scheme to Saksham Facility Services Private Limited

December 8, 2020 975 Views 0 comment Print

Designated Committee was directed to consider afresh the declaration of assessee under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019  as a valid declaration and grant the consequential relief after giving due opportunity of hearing to assessee.

Penalty cannot be imposed for merely treating capital asset as Agricultural Land

December 8, 2020 1353 Views 0 comment Print

Shri Babuji Jacob Vs ITO (Madras High Court) Admittedly, all the amounts were received by the assessee through banking channels and he had mentioned about the same in his return of income. The only mistake done by the assessee was to treat both the lands as agricultural lands. Once the notice under Section 143(3) of […]

No declaration can be made for excisable goods-Kerosene Oil under SVLDRS scheme

December 8, 2020 1509 Views 1 comment Print

Assessee was not eligible to make a declaration under the ‘Sabka Vishwas Scheme’ with respect to Superior Kerosene Oil (SKO) as S.K.O. was an excisable goods set forth in the Fourth Schedule to the Act, 1944 and section 125(1)(h) of the Act 2019/ ‘Sabka Vishwas Scheme’ had specifically excluded persons seeking to make declarations with respect to excisable goods set forth in the Fourth Schedule to the Central Excise Act, 1944. 

Search justified on failure of Assessee to furnish details of contents of locker

December 7, 2020 1728 Views 0 comment Print

Shilpa Chowdhary Vs Principal Director of Income Tax (Investigation) (Delhi High Court); It is it is revealed that Mr. Vikas Chowdhary denied having any bank locker. Shilpa Chowdhary, while admitting the existence of the locker, did not give any information relating to its contents. Therefore, there was indeed material with the concerned authority to form […]

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under CGST Act

December 7, 2020 1680 Views 0 comment Print

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under GST Law and it is well settled that whenever a manner is prescribed, it should be done in that manner alone.

GST-Avail statutory remedy of appealing against orders of assessment: HC

December 7, 2020 723 Views 0 comment Print

GM Powertech And Others Vs State of H.P & Others (Himachal Pradesh High Court) The order(s) of assessment made by the assessing authority, and, appertaining to GST levies, stand respectively embodied in Annexure(s) P-6 and P-7. However, the afore orders of assessment of GST, is, assailed through the instant petition. 2. After hearing the learned […]

HC dismisses plea challenging increase in fees under TN Chit Funds Rules

December 6, 2020 1419 Views 0 comment Print

Incorporated Chit Funds Association Vs State of Tamil Nadu (Madras High Court) Issue before the Court Appendix II of the Tamil Nadu Chit Fund Rules, 1984 (the TN Chit Funds Rules) was substituted by an amendment thereto which was effected by G.O.Ms.No.176, Commercial Taxes and Registration (G), dated 29.11.2017 in exercise of powers conferred by […]

Bad Debt cannot be claimed as deduction unless written off in Books

December 4, 2020 3834 Views 0 comment Print

Landmark judgment on claimed compensation & business expenditure. High Court rules against Assessee in Allu Arvind Babu vs ACIT case.

No Direct Petition Before HC Where statutory remedies Not Utilised by Petitioner Without Any Satisfactory Reasons

December 4, 2020 738 Views 0 comment Print

ITC Limited Vs Commissioner of Customs (Madras High Court) Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vires of the statute is in question or where private or public wrongs […]

Bonded Warehouse Licensee to clear off goods within 7 days after cancellation of license: HC

December 4, 2020 2460 Views 0 comment Print

Acme Ware Housing Private Limited Vs Principal Commissioner (Preventive) (Madras High Court) The licensee under the Bonded Warehouse Scheme acts as an Agent on behalf of the Customs Department for that purposes and the provisions of Sections 57 to 73A in Chapter IX of the Customs Act, 1962 read with The Warehouse (Custody and Handling […]

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