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All High Courts

Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

May 13, 2023 1899 Views 0 comment Print

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of natural justice. In similar circumstances, this […]

WBVAT: Order against Resigned Director – HC directs Magistrate to pass speaking order

May 13, 2023 381 Views 0 comment Print

Sushil Kumar Gupta & Ors. Vs State of West Bengal & Anr. (Calcutta High Court) Learned advocate for the petitioners submits before this Court that the present petitioner No.-3 has resigned from the company as a Director in the year 1994 and the other petitioners have no connection in the alleged occurrence of offence, however […]

GST: Adverse order cannot be passed without providing opportunity of hearing even if not asked

May 13, 2023 1287 Views 0 comment Print

HC held that even without any request for personal hearing by an assessee, officer must have to provide personal opportunity of hearing, if the order is contemplated to be adverse.

Administrative instructions cannot bar claim of GST refund if legal requirements contained in law are fulfilled

May 12, 2023 1215 Views 0 comment Print

Impugned order rejecting claim of refund and depriving the petitioner of the refund to which it may be entitled, without any authority of law, cannot be allowed to be sustained. Administrative instructions cannot bar claim of refund if the legal requirements as contained in the law are fulfilled.

HC allows filing of revised Income Tax Return after due date post Amalgamation

May 12, 2023 4281 Views 0 comment Print

TSI Business Parks Hyderabad Pvt Ltd Vs DCIT (Telangana High Court) In Dalmia Power Limited v. ACIT (2019) 112 Taxmann. com 252 (SC), the issue before the Supreme Court was whether the Income Tax Department ought to have permitted the assessee companies to file the revised income tax return for the assessment year 2016-2017 after […]

HC directs govt to provide reason for rejection of registration application of Haj Operator

May 11, 2023 7992 Views 0 comment Print

AL Hatim Tours And Travels Pvt. Ltd. Vs Union of India (Delhi High Court) The petitioners are private Haj Operators (HGO). They arrange tours to the holy shrines of Mecca/Madina in Kingdom of Saudi Arabia. The Government of India has an agreement with the Kingdom of Saudi Arabia, per which, quotas are allotted to India […]

Section 107 of GST- 4 Months may be 121 or 122 days – HC

May 11, 2023 1476 Views 0 comment Print

Shri Ram Ply Product Vs Addl. Commissioner (Allahabad High Court) Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 provides that an appeal, against any decision or order passed under this Act or the State Goods and Services Tax Act by the adjudicating authority, may be filed before appellate authority within the […]

Department directed to issue ‘C forms’ for inter-sate purchase of High Speed Diesel Oil

May 10, 2023 1539 Views 0 comment Print

Madras High Court directed department to issue ‘C forms’ under the Central Sales Tax, 1956 for inter-state purchase of High Speed Diesel Oil.

Order misplaced due to office renovation – Delhi HC refuses to Condone by revenue in appeal filing

May 10, 2023 678 Views 0 comment Print

Commissioner of Customs Vs Sadanand Chaudhary (Delhi High Court) It would be necessary for this Court to decide whether the delay in filing the same is required to be condoned. The present appeal was filed on 30.07.2019, which was after the delay of 307 days. Court observed that application seeking condonation of delay is bereft […]

Mere transfer of right to use any goods or transfer of goods to be used in works not amounts to ‘sale’

May 10, 2023 1749 Views 0 comment Print

Jammu and Kashmir High Court held that mere transfer of right to use any goods or even transfer of goods to be used in works or not shall not be a ‘sale’ unless it is supported by consideration.

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