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All High Courts

Advance ruling is binding on authorities in absence of any change in law/ facts

December 25, 2023 840 Views 0 comment Print

Bombay High Court held that in absence of change in law/ facts, advance ruling pronounced by the authority shall be binding on the application and also on the Principal Commissioner of Customs or Commissioner of Customs and the customs authorities subordinate to him.

Custom Department’s action in selling gold during pendency of appeal is illegal

December 25, 2023 1305 Views 0 comment Print

Bombay High Court held that action of the department in selling the gold during the pendency of the appeal is illegal and unconstitutional.

6-Month Limit for Section 49(a) Cases in Indian Stamp Act, 1899 after Spoilage

December 25, 2023 1425 Views 0 comment Print

Delhi High Court held that the period of limitation for cases covered u/s. 49(a) of the Indian Stamp Act, 1899 would be six months from the date on which the stamp paper was spoiled. Accordingly, refund of 90% stamp duty directed.

Discovery in Later Assessments Not Grounds for Reassessment in Prior Years

December 25, 2023 1890 Views 0 comment Print

Karnataka High Court held that reassessment proceedings cannot be in the nature of review and accordingly, the material as has come to light in the assessment proceedings for the Assessment Year 2008- 2009 cannot be a sufficient ground to resort to reassessment proceedings.

Tea Production Eligible for Exemption under Notification 12/2017-Central Tax (Rate)

December 25, 2023 1107 Views 0 comment Print

Bombay High Court held that benefit of exemption under notification no. 12/2017- Central Tax (Rate) dated 28.06.2017 available to loading, unloading, packing, storage or warehousing of “agricultural produce” namely “tea”.

Lack of Evidence for FEMA Act Contravention in Bogus Import of Service via Cash Bean App: Writ Petition Dismissed

December 25, 2023 636 Views 0 comment Print

Assessee-company was engaged in the business of providing unsecured short-term loans to its customers/borrowers in India via its Digital Application based platform called the ‘CashBean‟.

No withheld of GST Refund u/s 74 and 20 of IGST Act on account of non-issuance of Form GST DRC-04 and GST deposit made involuntary

December 25, 2023 1272 Views 0 comment Print

Since the claim for refund could not be withheld merely because the Department, pursuant to the deposit, issued the SCN and was proposing to demand GST.

AO’s Failure to Specify Section 271(1)(c) Charge Detrimental to Penalty Proceedings

December 24, 2023 699 Views 0 comment Print

Explore the confusion surrounding Section 271(1)(c) penalty in PCIT Vs Modi Rubber Ltd. (Delhi High Court). Lack of clarity on concealment or inaccurate particulars raises questions.

Violation of Business Visa conditions sufficient reason for Deportation/ blacklisting

December 24, 2023 489 Views 0 comment Print

Explore the Delhi High Court judgment on Randa Chehab’s deportation. Understand the consequences of violating business visa conditions and the legal stance on blacklisting foreigners

CBDT can prescribe time limit for filing application for condonation of delay: HC

December 24, 2023 2469 Views 0 comment Print

Kerala High Court dismisses a writ petition challenging the CBDT circular on condonation of delay, upholding its authority to prescribe time limits for filing applications.

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