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HC denies relief in section 147 proceedings for not replying notice for 6 Months

July 24, 2020 1530 Views 0 comment Print

he Supreme Court in GKN Driveshafts (India Ltd.) v. Income Tax Officer 259 ITR 19 (SC) has clarified that when a notice under Section 148 of the Income Tax Act is issued, the proper course of action for the notice is to file a return and if he so desire, to seek reasons for issuing notices.

Child Care Leave is a matter of rights of child- Uttarakhand HC

July 24, 2020 11646 Views 0 comment Print

A full bench of Uttarakhand High Court has upheld the rights of a person working on a contractual basis to have the right of getting child care leave as same as any other regular Government employee.  It was agreed that the child care leave is primarily for the benefit and a matter of right of the child, as a child whose mother happens to be employed on a contractual basis with the Government will have similar needs as any other child.

HC allows filing of GST returns without paying entire admitted tax: Allows payment in Installment

July 24, 2020 2262 Views 0 comment Print

Pazhodiyum Food Ventures Vs Supritendent Commercial Taxes (Kerala High Court) The petitioner is a private limited company registered as a service provider under the Goods and Service Tax Act. In the Writ Petition it is the case of the petitioner that while he intends to pay the arrears of tax due for the assessment year […]

No detention when invoices not bearing continuous serial number

July 23, 2020 2130 Views 0 comment Print

Devices Distributors Vs Asst. State Tax Officer (Kerala High Court) The Kerala High Court has set aside the detention of goods in a case where the department had objected that the invoices accompanying the goods did not bear continuous numbers and hence the invoices with serial numbers falling between could have been used for transportation […]

Deficiency in GST refund application cannot be raised at belated stage

July 22, 2020 3537 Views 0 comment Print

Jain International Vs Commissioner of Delhi Goods (Delhi High Court) Admittedly, till date the petitioner‟s refund application dated 4th November, 2019 has not been processed. As neither any acknowledgment in FORM GST RFD-02 has been issued nor any deficiency memo has been issued in RFD-03 within time line of fifteen days, the refund application would […]

Delhi HC grant Refund along with Interest in case of Zero Rated Supply after 15 days

July 22, 2020 4302 Views 0 comment Print

The issue under consideration is whether the non issuance of refund after 7 days from the date of acknowledgment in case of zero rated supply u/s 90 is justified in law?

GST: No coercive steps for recovery without following adjudication process: HC

July 22, 2020 3486 Views 0 comment Print

Rishi Bansal Vs Union of India (Delhi High Court) FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. Present writ petition has been filed challenging the letter dated […]

COVID-19: HC allows 6 Month to pay tax dues: Defreezes bank account

July 22, 2020 879 Views 0 comment Print

High Court states that by taking into consideration the situation of COVID-19 pandemic, court directed officer to de-freeze the bank account maintained by the petitioner.

HC rejects Petition by CA seeking to direct Institute of Cost Accountants of India to use acronym ‘ICOAI’ instead of ‘ICAI’

July 22, 2020 1347 Views 0 comment Print

The issue under consideration is whether the petition filed by the CA for seeking to direct the Institute of Cost Accountants of India to use the acronym ‘ICOAI’ instead of ‘ICAI’ will be sustain by the High Court?

Section 36(1) override Section 145A- Interest allowable when Asset put to use

July 21, 2020 1983 Views 0 comment Print

The issue under consideration is whether the Tribunal was right in law in holding that the interest expenditure is Capital in nature

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