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When State is inclined to give some tax benefit to tax payers, terms or provisions of policy should be interpreted in a liberal manner

April 26, 2023 948 Views 0 comment Print

It is further observed and held that when the State is inclined to give some tax benefit to tax prayers, terms or provisions of the policy should be interpreted in a liberal manner and with an intention to see that the purpose for which the policy is framed is fulfilled and the beneficiaries is helped.

GST Proceedings against owner not driver If documents clearly establish name of consignor

April 26, 2023 606 Views 0 comment Print

Once the documents clearly establish the name of the consignor, who is a registered dealer in the State, the proceedings should have been initiated against the owner of the firm instead of the driver, so as to enable him to respond to the notice.

TDS Delay- Offence u/s 276/278- Separate notice u/s 2(35) is not necessary before issuance of SCN to consider Directors as principal officers

April 26, 2023 4041 Views 0 comment Print

Mehala Machines India limited Vs ITO (TDS) (Madras High Court) TDS Delay- Offence u/s 276/278- Separate notice u/s 2(35) is not necessary before issuance of SCN to consider Directors as principal officers The Company assessee  had deducted TDS but failed to pay  within the prescribed time. As the Petitioners (Company & directors) had delayed the […]

Section 138 of NI Act not applicable if Cheque issued before account attachment dishonored post attachment

April 26, 2023 1749 Views 0 comment Print

Maharaja Log Home OPC Pvt Ltd and Anr Vs State of Maharashtra and Ors (Bombay High Court) 1. The petition is directed against the order dated 7th September, 2021 passed by Judicial Magistrate First Class, Vashi, Belapur Navi Mumbai in Complaint Case No.1366/SS/2021 under Section 138 of the Negotiable Instruments Act, 1881 issuing process against […]

Cancellation of GST registration without ascribing any reason is invalid

April 25, 2023 7428 Views 0 comment Print

No reason ascribed for cancellation of GST registration. Such order without any application of mind and is set aside.

GST Registration cancellation: HC allows petitioner to apply for revocation

April 25, 2023 3999 Views 0 comment Print

Explore the Gujarat High Court judgment on GST registration cancellation revocation. Notification No. 3/2023 benefits Allyssum Infra in challenging the order.

POA holder cannot be taxed for property sold on behalf of owner

April 24, 2023 13032 Views 0 comment Print

Madras High Court clarifies the non-applicability of capital gains tax on transactions through power of attorney, setting a precedent for future cases.

Authority directed to complete proceedings so provisional attachment will have its own fate in wrongful ITC matter

April 24, 2023 696 Views 0 comment Print

Gujarat High Court held that in the case of wrongful availment of input tax credit matter under GST the proceeding for adjudication is commenced as show case notice is issued. Hence, court directed authorities to complete the adjudication proceedings in time-bound manner and completion of the proceedings, provisional attachment will have its own fate.

HC rejects writ for Correction of DOB after 22 Years in Government Service

April 23, 2023 843 Views 0 comment Print

Bombay High Court dismisses plea for DOB correction in service records of a government servant, emphasizing strict adherence to Maharashtra Civil Service Rules.

If petitioner is either a consignor or a consignee, he has to be treated as owner of goods

April 23, 2023 996 Views 0 comment Print

If petitioner is either a consignor or a consignee, he has to be treated as a owner of goods & provisions of Section 129(1)(b) not invokable

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