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All High Courts

Revisionary power u/s 263 cannot be invoked in case of ‘inadequate enquiry’

December 7, 2023 1173 Views 0 comment Print

Delhi High Court held that revisionary power under section 263 of the Income Tax Act can be invoked only in case of no enquiry. The revisionary power cannot be invoked in case of inadequate enquiry.

Motor vehicle tax payable at rates prescribed for construction equipment vehicle when vehicle used only for construction purpose

December 7, 2023 633 Views 0 comment Print

Kerala High Court held that vehicles are liable to be taxed at the rate prescribed for construction equipment as use of vehicle is only for the construction purpose. Accordingly, writ dismissed.

Adjustment towards interest on receivables unjustified as assessee is debt free company

December 7, 2023 612 Views 0 comment Print

Delhi High Court held that the assessee company being a debt free company the question of receiving any interest on receivables did not arise. Accordingly, the adjustment made by AO on account of interest on outstanding receivables. Writ dismissed as no substantial question of law arose.

Interest eligible on delayed refund of amount paid under VSV Act: Rajasthan HC

December 7, 2023 1431 Views 0 comment Print

Rajasthan High Court rules on interest for delayed tax refund in Dwejesh Acharya vs. ITO case under Vivad Se Vishwas Act. Legal insights on tax dispute settlement.

Charge Memorandum issued against Commissioner on allowing unsubstantiated sub-contract expenses by wrong finding was upheld by HC

December 7, 2023 594 Views 0 comment Print

Since the inquiry had already been completed and the applicant had also filed her representation on the Inquiry Report, UPSC advice had also been given to the applicant to submit her representation, the applicant has had the opportunity to put forward her case including all relevant evidence and documents in support of her defence. Thus the disciplinary proceedings were at the final stage and the Charge Memorandum had been rightly issued.

SCN without specifying grounds of GST registration cancellation: Delhi HC directs reconsideration 

December 7, 2023 1317 Views 0 comment Print

Explore the Delhi High Court judgment on Sai Aluminium Exim vs PR Commissioner of GST. Learn about the reconsideration of GST registration cancellation without specific reasons, legal analysis, and implications.

Adverse Decision Requires Opportunity of Hearing under GST Act: MP HC

December 6, 2023 4365 Views 0 comment Print

Madhya Pradesh High Court rules on GST Act violation. Adverse decisions demand a hearing, even if not requested. Analysis of Technosys Security System Private Limited case.

Kerala HC directed to prefer appeal before appellate authority against revenue’s recovery notice

December 6, 2023 423 Views 0 comment Print

Kerala High Court directed to prefer an appeal before the appellate authority against the recovery notices issued by the revenue to petitioner who is claiming to have retired from the firm.

Appeal to be preferred before appellate authority as assessment order was within jurisdiction

December 6, 2023 1473 Views 0 comment Print

Kerala High Court held that petitioner was duly put to notice and thereafter the assessment proceedings had been completed. As assessment order was within jurisdiction and not in violation of principles of natural justice, petitioner directed to file an appeal before appellate authority u/s. 246A of the Act.

Non-deposition of deducted TDS by employer cannot be recovered from employee

December 6, 2023 3006 Views 0 comment Print

Delhi High Court held that non-deposition of deducted tax with the revenue by the employer cannot be recovered from employee as employee after accepting salary post TDS deduction doesn’t have any control over it.

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