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Suspension of Customs Broker Licence without affording adequate opportunity of being heard is unjustified

July 8, 2023 3021 Views 0 comment Print

Andhra Pradesh High Court held that order for continuing the suspension of Customs Broker Licence without affording adequate opportunity of being heard is against the principles of natural justice. Writ disposed off with direction to submit written explanation within specified time.

Reopening of assessment without tangible material is unsustainable

July 7, 2023 1209 Views 0 comment Print

Bombay High Court held that reopening of assessment under section 147 of the Income Tact Act unsustainable as there is no reason to believe that income has escaped assessment nor there is any tangible material.

Certificates issued by Singapore Tax Authorities is sufficient evidence for accepting legal position

July 7, 2023 654 Views 0 comment Print

Bombay High Court held that certificates issued by the Singapore Tax Authorities certifying that capital gain income would be brought to tax in Singapore is sufficient evidence for accepting the legal position.

Rejection of Appeal is invalid if vehicle breaks down and new e-way bill prepared post interception

July 7, 2023 1050 Views 0 comment Print

HC set aside the order passed by the Appellate Authority and remanded back the matter to Appellate Authority to pass a fresh speaking order after giving petitioners an opportunity of being heard, as the assessee had duly prepared the e-way bill within 3 minutes of the interception of the vehicle.

Credit for advance tax and TDS granted on upload of migration order

July 7, 2023 714 Views 0 comment Print

Telangana High Court allowed credit for advance tax and TDS resulting into refund of Rs. 51.66 Crores on upload of migration order which was earlier not able to be uploaded.

Taxpayer should not suffer due to a supplier’s error in GST reporting: HC

July 6, 2023 9231 Views 1 comment Print

In a significant judgement by the Madhya Pradesh High Court, the rights of taxpayers to claim input tax credit under the GST system were reinforced. In the case of Agrawal And Brothers vs Union Of India, the court ruled that the taxpayer should not suffer due to a supplier’s error in GST reporting.

Alleged bogus political donations – Reassessment Notice Challenged

July 6, 2023 3177 Views 0 comment Print

The reassessment notice issued under Section 148 of the Income Tax Act, 1961, concerning the information of alleged bogus political donations, has been challenged on the grounds of exceeding the limitation period. The High Court has instructed the Assessing Officer (AO) to refrain from passing the assessment order.

Bombay HC Allows Advocate Presence in GST Proceedings at Visible Distance

July 6, 2023 3681 Views 0 comment Print

In a recent judgment, the Hon’ble Bombay High Court granted the prayer of an assessee in GST proceedings to have their advocate present at a visible but not audible distance during interrogation. Learn more about the court’s decision and its implications.

Sales tax exemption via certificate from Commissioner of Tourism cannot be rescinded before expiry of eligibility period

July 6, 2023 528 Views 0 comment Print

Karnataka High Court held that exemption certificate from the Commissioner of Tourism, Government of Kerala exempting payment of sales tax is valid for 7 years and could not have been rescinded before the period of eligibility expired as it is sovereign assurance.

HC lifts Provisional Attachment, assessee agrees to pay GST liability in installments

July 6, 2023 846 Views 0 comment Print

Explore the notable case of Nirajkumar Nareshkumar Lakhyani v. State of Gujarat (SCA No. 6777 of 2023) in which the Gujarat High Court has overturned the Adjudicating Authority’s ruling. The judgement allows the assessee to meet tax obligations in installments, effectively lifting the provisional attachment of their bank account. Learn more about this landmark tax case and its significant implications.

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