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All High Courts

Road Tax exemption on tractors/trailors confined only within tea garden area

May 10, 2023 753 Views 0 comment Print

HC allows petitioner to demonstrate that tractors/trailors against which exemption of motor vehicles tax are claimed are not used or do not ply in public road but are confined only within the tea garden area.

Assessee can claim ITC for the period from cancellation of GST registration to restoration

May 10, 2023 5259 Views 0 comment Print

Assessee entitled to claim Input Tax Credit in respect of period from cancellation of GST registration till registration is restored.

Tripura VAT: Audit report not submitted- No penalty if proper notice not issued

May 10, 2023 366 Views 0 comment Print

HC held that penalty imposed for violation of Section 53(1) of TVAT Act, 2004 suffers from lack of proper notice and absence of reasonable opportunity of being heard

GST: Deeming fiction of 70:30 formula attributable to construction service & land cost applies only when bifurcation is not provided

May 9, 2023 2412 Views 0 comment Print

Avigna Properties Pvt Ltd Vs State Tax Officer (Madras High Court) Deeming fiction of 70:30 formula attributable to construction service and land cost applies only when bifurcation is not provided Madras High Court held that methodology of deeming fiction set out under notification 11/2017-Central Tax (Rate) dated 28.06.2017 (70:30 formula) attributable to construction services and […]

Under PMLA It is immaterial whether acquittal was on merit or compromise

May 9, 2023 2691 Views 0 comment Print

Manturi Shashi Kumar Vs Director (Telangana High Court) Facts in the present appeal lie within a narrow As already noted above, appellant No.1 was an accused in the criminal case for offences which are considered as predicate offences under PMLA. In view thereof, a case was registered under PMLA following which the properties mentioned above […]

Filing of Writ due to expiry of period of filing appeal is abuse of process of Court: HC

May 9, 2023 1026 Views 0 comment Print

Allahabad High Court noted that against the order dated 21.05.2022 passed u/s 74 of GST Act, 2017, the appeal could have been filed within a period of 30 days, which was extendable for one month and no more.

Property tax matter not entertained as effective remedy of filing an appeal u/s 406 of MMC Act available

May 8, 2023 3294 Views 0 comment Print

Kharghar Co-op. Housing Societies Federation Ltd Vs Municipal Commissioner (Bombay High Court) Bombay High Court in the matter of property tax didn’t entertain the petition as effective and effacious remedy of filing an appeal under section 406 of the MMC Act available with the petitioner. Facts- Petitioner No.1 claims to be a federation of co-operative […]

Goa Tax on Entry of Goods Act, 2000 is constitutionally valid

May 8, 2023 561 Views 0 comment Print

Bombay High Court held that the Goa Tax on Entry of Goods Act, 2000 is constitutionally valid. Accordingly, the state legislature has legislative competence to enact the Goa Tax on Entry of Goods Act, 2000.

Penalty u/s 271(1)(c) not leviable as error pointed out by AO was corrected before passing of order

May 8, 2023 822 Views 0 comment Print

Delhi High Court held that penalty under section 271(1)(c) of the Income Tax Act not leviable as error pointed out by AO was corrected by the assessee before passing of the assessment order.

Government cannot usurp taxpayer money for clerical mistake in GST Invoice

May 8, 2023 27057 Views 0 comment Print

Only for clerical mistake of GSTIN in invoice Government cannot usurp money of a taxpayer & make him run to pillar to post for refund of same.

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