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Section 153C- Statement of others cannot be treated as document of Assessee

December 25, 2019 4299 Views 0 comment Print

Pr. CIT Vs Dreamcity Buildwell Pvt. Ltd. (Delhi High Court) In the present case, the Revenue is seeking to rely on three documents to justify the assumption of jurisdiction under Section 153 C of the Act against the Assessee. Two of them, viz., the licence issued to the Assessee by the DTCP and the letter […]

Downloading of e-way bill from official website mandatory from 1.4.2018

December 24, 2019 1230 Views 0 comment Print

Shaurya Enterprises Vs State of U.P. (Allahabad High Court) It has been observed that till March 31, 2018 it was not mandatory to download the e-way bill from the official website and the said requirement was effective from 1st April, 2018. In this case the e-way bill which was downloaded and submitted on 10.12.2017 at […]

In absence of failure to disclose fully & truly all material facts- reassessment notice invalid

December 24, 2019 1917 Views 0 comment Print

Usha Exports Vs ACIT (Bombay High Court) The first contention raised by Dr. Shivram regarding the absence of statement regarding petitioner’s failure in the reasons is correct. The reasons supplied along with the impugned notice, which are reproduced above, contain no assertion there was any failure of the petitioner to disclose fully and truly all […]

8 day stay of GST Search Authorities at premises of petitioner is illegal

December 24, 2019 3336 Views 0 comment Print

The issue under consideration is whether the act of residing in the premises of the petitioner for 8 days in case of search is permissible under Act?

Calcutta HC denies Bail to a CA in Bogus GST Invoice Case

December 24, 2019 3021 Views 0 comment Print

Arvind Kumar Munka Vs Union of India (Calcutta High Court) This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the petitioner who has prayed for his enlargement on bail on any conditions. The petitioner has been arraigned as an accused along with other accused persons […]

Notice to Amalgamated Company which ceased to exist is without jurisdiction

December 24, 2019 3078 Views 0 comment Print

The Gujarat High Court set aside Reassessment Notice issued to the amalgamated company which ceased to exist after approval of the composite scheme of arrangement.

Statute cannot have any retrospectivity unless expressly provided therein

December 24, 2019 1995 Views 0 comment Print

Ganpati Dealcom Pvt. Ltd. Vs Union of India & Anr. (Calcutta High Court) By an amendment an existing Act is supplemented by new provisions adding to or subtracting from it. It is usual that parts of the existing Act are retained. Say for example, there is a provision in the existing Act for penalty in […]

Baroda Cricket Association eligible for Section 11 & 12 exemptions : HC

December 23, 2019 846 Views 0 comment Print

CIT (Exemptions) Vs Baroda Cricket Association (Gujarat High Court) 1. By this appeal under section 260A of the Income Tax Act, 1961, the appellant Revenue has challenged the order dated 11.06.2019 made by the Income Tax Appellate Tribunal, Ahmedabad Bench ‘B’ in ITA No.2675/Ahd/2017 for assessment year 2014­-15 by proposing the following three questions stated […]

HC explains provisions of Sections 129 & 130 | Detention, seizure, confiscation | GST

December 23, 2019 46920 Views 0 comment Print

Synergy Fertichem Pvt. Ltd Vs State of Gujarat (Gujarat High Court) (i) Section 129 of the Act talks about detention, seizure and release of goods and conveyances in transit. On the other hand, Section 130 talks about confiscation of goods or conveyance and levy of tax, penalty and fine thereof. Although, both the sections start […]

Attachment of resulting company’s bank accounts without Notice of reopening of assessment of amalgamating company to resulting company

December 22, 2019 870 Views 0 comment Print

When resulting company had not received notice of reopening of assessment of amalgamating company, then, order of assessment that came to be passed pursuant to the notice of reopening of assessment, was not against the resulting company, thus, notice of recovery was set aside and attachment of the resulting company’s bank accounts was lifted.

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