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All High Courts

Permission to travel abroad not granted as investigation in hawala transactions pending

December 4, 2023 549 Views 0 comment Print

Delhi High Court did not granted permission to travel abroad to the petitioner involved in hawala transactions as investigation in FIR registered by Special Cell (EOW) and ECIR registered by the Directorate of Enforcement is pending and petitioner has not placed on record any cogent reason to travel abroad.

Reopening of assessment u/s 148 unjustified as all material facts fully disclosed

December 4, 2023 1353 Views 0 comment Print

Madras High Court held that reopening of assessment u/s 148 of the Income Tax Act beyond the period of four years unjustified as all the particulars with regard to sale of agricultural land was disclosed before AO in full extent.

Diminution in value of GoI Bonds allowable as revenue loss as investment made under commercial expediency

December 4, 2023 357 Views 0 comment Print

Orissa High Court held that since the investment in Government of India Fertilizer Bonds [GoI Bonds] was made under commercial expediency it did not bring an asset of a capital nature and the diminution in the value of the said bond are allowable as revenue loss.

Roots of contract cannot be challenged merely due to change of taxation

December 4, 2023 738 Views 0 comment Print

Calcutta High Court held that all commercial contracts includes an element of calculated business risk, thus, merely due to change of taxation statues, the root of the contracts cannot be challenged.

Madras HC Set-aside Assessment order passed in violation of principles of natural justice

December 3, 2023 3396 Views 0 comment Print

Explore the detailed analysis of Antony Alphonse Kevin Alphonse vs ITO case at Madras High Court. Uncover the assessment challenges, legal proceedings, and the court’s decision.

Duty demand on leftover liquor stock sustained as duty evaded behind cloak of different companies

December 2, 2023 411 Views 0 comment Print

Delhi High Court held that liquor being sold by different companies incorporated by appellant. Accordingly, manufacturer and seller of the liquor was one and entire attempt was to avoid payment of excise duty by hiding behind the cloak of different companies. Hence, demand of excise duty on leftover stock upheld.

Section 14 of IBC does not create a bar for finalisation of Tax assessment & adjudication proceedings

December 1, 2023 1083 Views 0 comment Print

Explore the Kerala High Court’s decision on Platino Classic Motors vs. Deputy Commissioner of Central Tax. Analysis of IBC Section 14, assessment, and adjudication proceedings.

Kerala HC Dismisses Writ Against GST Dues Recovery Notice

December 1, 2023 759 Views 0 comment Print

Read the Kerala High Court judgment dismissing a writ petition challenging a revenue recovery notice for GST dues due to failure to appeal the assessment order.

KVAT: Kerala HC Directs 10% Penalty Deposit to Stay Recovery

December 1, 2023 405 Views 0 comment Print

Explore the Kerala High Court judgment on Nirapara Roller Flour Mills vs State Tax Officer. Learn how the court directs a 10% penalty deposit for recovery stay, citing KVAT Act amendments.

Transaction Authenticity Unquestionable if E-Way Bill Not Cancelled in Time: Allahabad HC

December 1, 2023 1092 Views 0 comment Print

Once the e-way bill has been generated and same has not been cancelled by the petitioner within the time prescribed under the Act, the movement of goods as well as genuineness of transaction in question cannot be disputed.

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