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All High Courts

Technical objections should not obstruct substantive justice under GST laws

August 5, 2023 1383 Views 0 comment Print

Insights on the JEM Exporter vs Union of India case, where the Bombay HC overturned the denial of input tax credit due to procedural errors.

PayPal Obliged to Fulfill Reporting Duties Under PMLA as Payment System Operator

August 5, 2023 1848 Views 0 comment Print

Delhi High Court held that PayPal is liable to be viewed as payment system operator and obliged to comply with reporting entity obligation as placed under PMLA

Reopening of assessment quashed as PCIT granted approval without adequate inquiry

August 5, 2023 1566 Views 0 comment Print

Delhi High Court held that reopening of assessment liable to be quashed as PCIT simply rubber-stamped the attempt of AO to reopen the assessment without inquiring about various basic issues involved in the matter like applicability of section 50C, cost of acquisition and claim of deduction u/s 54EC.

Charge of money used being obtained by fraudulent means cannot be pardoned before full-fledged trial

August 5, 2023 456 Views 0 comment Print

Calcutta High Court held that charges under section 24 of the Prevention of Money Laundering Act, 2002 towards any knowledge of committing crime of the money used is obtained by fraudulent means cannot be pardoned before a full-fledged trial.

Reassessment after 4 years without failure to disclose full & true material facts unsustainable

August 5, 2023 1080 Views 0 comment Print

Bombay High Court held that initiation of reassessment proceedings u/s 147 after the expiry of 4 years from the end of the relevant assessment years without failure on the part of the assessee to disclose fully and truly all the material facts unsustainable and liable to be quashed.

PCIT cannot exercise revisionary jurisdiction under section 263 on material not confronted to assessee 

August 5, 2023 819 Views 0 comment Print

Analyzing the High Court case, ACIT Vs Sun and Sun Inframetric Pvt. Ltd., focusing on the PCIT’s ability to exercise revisionary jurisdiction under Section 263.

HC Denies TDS Demand on EDC: DLF Homes Vs JCIT Case

August 5, 2023 2004 Views 0 comment Print

Explore the Delhi High Court’s landmark decision in DLF Homes Panchkula Pvt Ltd vs JCIT (OSD) case, rejecting TDS on External Development Charges, and its implications on taxation norms

Retrospective GST registration cancellation without a valid reason is arbitrary exercise of power

August 4, 2023 4221 Views 0 comment Print

HC held that although Revenue department has discretion to cancel GST registration from a retrospective date but doing so without valid justification constitutes the arbitrary exercise of power.

HC Validates E-way Bills as Proof of Ownership of Goods in Transit

August 4, 2023 1707 Views 0 comment Print

HC court pointed out the baselessness of revenue’s claim that petitioner was not owner, given that the e-way bills, which are legally recognized as documents of title to the goods, were accompanying the goods in transit.

Delhi HC Rules in Favor of Blackberry India: Export of Taxable Services & Intermediary Status

August 4, 2023 786 Views 0 comment Print

The Delhi High Court ruled in favor of Blackberry India, stating that services, except those under Rule 3(1) of Export of Services Rules, qualify as export of taxable services. The court also found Blackberry India not to be an intermediary based on the agreement with Blackberry Singapore.

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