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All High Courts

Non-existence of reason for section 148 re­opening – HC Upholds Writ Petition

June 25, 2023 486 Views 0 comment Print

Delve into the recent ruling by the Bombay High Court on the maintainability of a writ petition filed under Article 226 of the Constitution of India, challenging the initiation of proceedings under Section 148 of the Income Tax Act, 1961.

Bombay HC Directs Joint Meeting between customs & DGFT authorities to Resolve Exporters’ Issues

June 25, 2023 531 Views 0 comment Print

Bombay High Court resolves Tru-Sprag Freewheels Pvt Ltd vs. Union of India case, directing customs and DGFT to rectify exporters’ procedural errors, ensuring EPCG Scheme benefits. The court’s intervention leads to systemic improvements and the petitioner’s issue resolution.

Madras HC on recovery of ITC from Buyer without initiating any action against seller

June 25, 2023 15534 Views 1 comment Print

Madras High Court quashes orders against D.Y. Beathel Enterprises for input tax credit recovery, citing procedural flaws and directs fresh enquiry. Emphasizes examination of sellers and initiation of recovery against them, ensuring fair investigation.

GST Evasion Case: HC grants bail to accused

June 24, 2023 1101 Views 0 comment Print

Analyzing the Punjab and Haryana High Court’s decision to grant bail to Amrinder Singh in a tax evasion case, considering that the co-accused had already been granted bail.

Orissa HC Stays GST Demand & Condoned Delay due to Non-constituted GSTAT

June 24, 2023 501 Views 0 comment Print

The recent Orissa High Court ruling in Laxman Barik Vs Joint Commissioner of State Tax case, where it stayed GST demand and condoned delay due to absence of GST Tribunal, is a significant legal precedent in GST law interpretation.

Recovery of royalty stayed as an ad-interim measure

June 24, 2023 696 Views 0 comment Print

Gauhati High Court in case of recovery of royalty stayed the recovery by stating that as an ad-interim measure no coercive action shall be initiated against the petitioner for recovery of amount till the next returnable date.

Alleged Tax Evasion: Gujarat HC grants Anticipatory Bail to Officer

June 24, 2023 894 Views 0 comment Print

Explore the Jitendrakumar Ramjibhai Detroja Vs State of Gujarat case where Gujarat High Court grants anticipatory bail to a public servant arrested under Prevention of Corruption Act, highlighting no need for custodial interrogation.

Delay in filing of return of income granted as litigant shouldn’t suffer because of mistake of professional

June 23, 2023 1539 Views 0 comment Print

Bombay High Court held that it is settled principle that for the mistake on the part of the professionals, the litigant should not suffer. Accordingly, condonation of delay of 36 days in filing of return of income granted.

Notice proposing cancellation of GST registration without specifying reasons is cryptic & untenable

June 23, 2023 1284 Views 0 comment Print

Gujarat High Court held that show cause notice proposing cancellation of GST registration without specifying reasons for cancellation is cryptic and deserved to be quashed.

Provision for Warranty Expenses allowed as business expense u/s 37

June 23, 2023 984 Views 0 comment Print

Jharkhand High Court held that ‘Provision for Warranty Expenses’ is allowable as business expense as large number of sophisticated goods were manufactured in past and if facts established show that defects existing in some of items manufactured and sold then provision for warranty is entitled to deduction.

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