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Cross adjustment between CST and State tax allowable, no interest leviable for short payment

September 19, 2014 11250 Views 0 comment Print

Many a times dealers face a situation where due to technical error or clerical mistake while making payment of sales tax, tax is wrongly paid in wrong account i.e. instead of paying under the head of Central sales tax, it is paid under the head State VAT/sales tax.

In absence of Tax Advantage and Huge Loss , Penalty not leviable

September 14, 2014 4390 Views 0 comment Print

Assessing Officer has observed that the contentions of the Assessee are considered, but found not acceptable. From the contentions, what has been deduced is that the particulars of income filed by the Assessee were not correct or to put it in the language of the Act

Contempt of Court for non-working of AC in Court room

September 12, 2014 5876 Views 0 comment Print

Yesterday i.e. on 25.8.2014, due to non-functioning of the ACs installed in Court No.24, atmosphere of the Court was so humid and warm that learned Advocates including Senior Advocates, namely, Mr. Anil Kumar Tiwari, Mohd. Arif Khan, Dr. L.P.Mishra, made complain in this context to the Court.

Reassessment based on Suspicious/ Hawala purchases – Disposal of objections should be based on recorded reasons

September 12, 2014 4153 Views 0 comment Print

M/s Pransukhlal Bros. v. ITO (Bombay High Court) , ITA WP Lodging no. 2124 of 2014 dt. 20/8/2014 In this case, we find that the order disposing of the objections refers to and relies upon investigation carried out by Sales Tax department, the information put up by Sales Tax department on it’s website and the affidavit cum- declaration filed by the defaulting parties with the Sales Tax authorities.

Sec 2(29BA) Process of drawing wire of thinner gauge from thicker gauge would amount to manufacture

September 10, 2014 3109 Views 0 comment Print

Himachal Pradesh High Court in the case of CIT vs. Pawan Agarwal and others that the activity of drawing wires of thinner gauges from wires and rods of thicker gauges amount to manufacture as the paper insulated wires

Purchases cannot be treated as bogus for none traceability of suppliers

September 10, 2014 9725 Views 0 comment Print

The question pertains to the purchases made by the assessee-respondent. On account of unverifiable purchases, the Assessing Officer made additions to the tune of Rs. 1.27 crores. He was of the opinion that none of the parties could be located and therefore, such purchases were held to be bogus.

CA held guilty of professional misconduct for filing bogus form with ROC

September 10, 2014 9197 Views 0 comment Print

that the Economic Offences Wing of the Delhi Police, on the complaint of the complainant company had found that Sh. Sanjay Daksha, Sh. Sofi-ur­rehman, Sh. Binod Rajhans did not figure in the complainant company records before 8th March, 2004

Can High Court Interfere with discretion of Settlement Commission?

September 6, 2014 2485 Views 0 comment Print

Reliance in this regard can be placed on the decision of Hon’ble Allahabad High Court in case of M/s Vinay Wire and Poly Product Private Limited Vs. DGCEx [Writ Tax No. 283 of 2014] wherein the appellant has challenged the order of Hon’ble Settlement Commission passed u/s 32E of CEA, 1944.

Deferred tax can neither be taxed U/s. 41(1) nor U/s. 28(4) of Income Tax

September 2, 2014 4206 Views 0 comment Print

CIT Vs. M/S Mcdowell & Co Ltd Now Known As United Spirits Ltd (Karnataka High Court) In the instant case, as per the scheme he was allowed to retain the sales tax as determined by the competent authority and pay the same 15 years thereafter. The tax collected was deemed to have been paid and, […]

Validity of reopening of assessment has to be determined on the basis of reasons for reopening

September 2, 2014 1988 Views 0 comment Print

In the present case, the submission of the assessee before the Tribunal, as recorded in paragraph 3 of the impugned order, is that the only reason which was given by the Assessing Officer for initiating reassessment proceedings was that the property was sold by the assessee for Rs.31 lacs

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