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All High Courts

Adjustment of refund towards amount of tax due without any notice is unjustified

May 24, 2023 1386 Views 0 comment Print

Facts- Petitioner statedly is a limited company engaged in procuring vehicles from Tata Motors Limited (“TML”) and selling them to dealers within and outside the State of Maharashtra.

Reversal of ITC on loss of inputs which is inherent to process of manufacturing

May 24, 2023 3939 Views 0 comment Print

Eastman Exports Global Clothing (P) Ltd. Vs Assistant Commissioner (CT) (Madras High Court) Reversal of Input Tax Credit (‘ITC’) on the loss of inputs which is inherent to the process of manufacturing The Division Bench of Hon’ble Madras High Court recently in the case of Eastman Exports Global Clothing Pvt limited Vs Asst.Commissioner of CT, Tirupur settled […]

Evidence or material discovered during inspection can be utilised if relevance is established

May 23, 2023 1014 Views 0 comment Print

Orissa High Court held that the date when the material was discovered is not relevant. What is relevant is the nature of evidence or material discovered during the inspection. It cannot be utilized for making assessment for other years unless their relevance to any other period is established.

Section 45(5A) inserted vide Finance Act 2017 doesn’t have retrospective effect

May 23, 2023 2139 Views 0 comment Print

Patna High Court held that sub-section (5A) of section 45 inserted by way of an amendment in the Finance Act, 2017, expressly stated to be effective from 01.04.2018 cannot be treated as retrospective.

DTAA overrides Section 206AA TDS rate

May 22, 2023 3498 Views 0 comment Print

Section 206AA cannot be understood to override the charging Sections 4 and 5 of the Act. It has further held that the provision in Section 206-AA has to be read down to mean that where the deductee i.e., the overseas resident business concern conduct sits operation from a territory, whose Government has entered into a DTAA with India, the rate of taxation would be as dictated by the provisions of the treaty.

Interest on delayed GST payment not payable on credit component

May 22, 2023 6591 Views 0 comment Print

Sri Priyanga Agencies Vs Assistant Commissioner of CGST & Central Excise (Madras High Court) In a case between Sri Priyanga Agencies and the Assistant Commissioner of CGST & Central Excise, the Madras High Court has issued a common order. The court has disposed of the main writ petition and two related Writ Miscellaneous Petitions (WMPs). […]

Bihar Entertainment Tax Act, 1948 cannot survive after 101st Amendment: HC

May 20, 2023 666 Views 0 comment Print

DEN Networks Limited Vs State of Bihar (Patna High Court) HC held that We have to reiterate that the inconsistent provisions in the Bihar State legislations which were sought to be continued for one year or till the amendment or repeal by the respective State Legislatures, by virtue of Section 19 of the 101st Amendment, […]

Waiver of mandatory pre-deposit not accepted instead three months further time granted

May 19, 2023 2583 Views 0 comment Print

Chhattisgarh High Court held that waiver of mandatory pre-deposit under section 35-F of the Central Excise Act 1944 not accepted. However, alternative prayer to grant extension of time limit for pre-deposit accepted and three months further time is granted.

HC directs department to issue Section 148 notice to legal representative of Deceased Assessee

May 18, 2023 861 Views 0 comment Print

In the case of J. Kishorekumar Vs ITO, Madras High Court examines tax notices issued to deceased assessee’s legal representative, offering detailed insights into legal implications and proceedings.

Reopening justified as it is based on material satisfying that income has escaped assessment

May 18, 2023 1017 Views 0 comment Print

Gujarat High Court held that in case reopening of assessment based on material which satisfied to harbour reasons to believe that there was escapement of income, then, such reopening of assessment is justifiable.

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