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All High Courts

Availability of GST order on common Portal does Not explicitly Imply Order Service

October 15, 2023 8187 Views 0 comment Print

Dive into the intricacies of GST order communication and service in the Baghel Trading Co. vs. State of U.P. case. Currently under review by the Allahabad High Court.

No Penalty for ITC Incorrectly Availed in Transitional Credit Usage

October 14, 2023 1680 Views 0 comment Print

Madras High Court ruling in PMA Controls India Limited vs Joint Commissioner of Central Tax – important insights on Input Tax Credit transition under GST.

Service provider liable to pay 50% tax on works contract service provided to body corporate

October 14, 2023 690 Views 0 comment Print

Delhi High Court held that New Okhla Industrial Development Authority (NOIDA) being a body corporate, the petitioner (service provider) was liable to pay service tax on works contract to the extent of 50%. Accordingly, the demand was set aside as 50% service tax was duly discharged.

HC Directs ITO to Review Petitioner’s Claims Under Direct Tax Vivad se Vishwas Act, 2020

October 13, 2023 765 Views 0 comment Print

Read the Madras High Court’s judgment directing the ITO to refund Rs.9,04,260 under Vivad se Vishwas Act and consider the petitioner’s representations.

Appellate Authorities can Adopt Transfer Pricing Method different from that adopted by assessee

October 13, 2023 384 Views 0 comment Print

In PCIT vs. Hellmann Worldwide Logistics India Pvt. Ltd case, Delhi High Court upholds appellate authorities’ right to choose a different transfer pricing method.

Bombay High Court allows Anticipatory Bail in GST Fake Entities Case

October 12, 2023 1773 Views 0 comment Print

Bombay High Court’s ruling on anticipatory bail for an applicant accused of availing input tax credit without goods receipt under CGST Act

7-Year Gap from 2014 Show Cause Notice Is Unreasonable for Adjudication

October 12, 2023 1146 Views 0 comment Print

Read Jharkhand High Court’s judgment on Kamaladitya Construction’s case challenging a 7-year gap in show cause notice. Is it unreasonable? Find out.

Juristic Person Trust Liable for punishment for offence U/s. 138 of NI Act

October 12, 2023 1509 Views 0 comment Print

Kerala High Court held that a trust, either private or public/charitable or otherwise, is a juristic person who is liable for punishment for the offence punishable under Section 138 of the Negotiable Instruments Act (NI Act).

Income Tax Authority which has initiated prosecution must have sanction of law

October 12, 2023 591 Views 0 comment Print

Telangana High Court held that once sanction has been given to a particular authority, i.e., the Deputy Director of Income Tax, the prosecution has to be launched by him alone and not by the Assistant Director of Income Tax. Thus, the authority which has initiated the prosecution must have sanction of law. Otherwise, it amounts to illegal action.

Criminal Appeal Dismissed for Lack of Proof in Section 138 NI Act Case

October 12, 2023 951 Views 0 comment Print

Andhra Pradesh High Court held that the complainant miserably failed to prove the offence under Section 138 of the Negotiable Instrument Act, 1881 against the respondent/accused beyond reasonable doubt. Accordingly, Criminal Appeal dismissed.

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