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HC explains circumstances when bail already granted can be cancelled

April 17, 2023 1140 Views 0 comment Print

State of Madhya Pradesh Vs Sanjay Sharma (Madhya Pradesh HC) HC held that for cancelling the bail once granted the Court must consider whether any supervening circumstances have arisen or at the stage of post-grant of bail the conduct of accused demonstrate that it is no longer conducive to a fair trial to permit him […]

GST Registration cannot be cancelled for non-reply to SCN

April 17, 2023 1647 Views 0 comment Print

HC held that as order not assign any reason for cancelling GST registration and is passed only on the ground that reply to show cause notice is not given. Non-submission of reply to SCN cannot be a ground for cancellation of registration.

Sec. 263 revision to cancel non existing original assessment order is not tenable

April 17, 2023 1215 Views 0 comment Print

PCIT Vs Padma Kumar Jain (Jharkhand High Court) Section 263 revision initiated by CIT second time to cancelling non existing original assessment order isn’t tenable: PCIT v. Padma Kumar Jain – [2022] (Jharkhand) A search and seizure operation was conducted by the Assessing Officer (AO) in the business and residential premises of the assessee-individual. After […]

Confiscation of goods for non-payment of GST by subsequent seller – HC grants interim relief

April 17, 2023 3051 Views 0 comment Print

Advocate J S Bedi Jagraon Multi Metals Vs State of Punjab (Punjab & Haryana High Court) Interim order passed by Honb. Punjab & Haryana High Court against the confiscation of goods directly u/s 130 on the ground that subsequent seller has not deposited the tax That three vehicles were detained by State Tax Officer Ludhiana […]

HC imposes penalty on commissioner for casual approach & acting non-judiciously

April 17, 2023 14760 Views 0 comment Print

Casual approach of Commissioner State Taxes cannot be permitted since he is trying only to prevent payment of refund amount to petitioner.

Levy of interest or Penalty invalid if no proposal in pre-assessment notice

April 17, 2023 1221 Views 0 comment Print

K.Baskaran Vs Assistant Commissioner (ST) (Madras High Court) Impugned order levies interest under Section 50 as well as penalty under Section 73(9) of Central Goods and Services Tax Act, 2017, over and above, reversal of Input Tax Credit (ITC). Admittedly, there was no proposal in the pre-assessment notice either for levy of interest or penalty. […]

Custom broker license suspension – Officer issued post-decisional hearing notice drawn offence report – HC directs appointment another officer

April 17, 2023 762 Views 0 comment Print

Principal Commissioner of Customs Vs Akshoy Kumar Ghosh & Sons (Calcutta High Court) This intra-Court appeal filed by the Revenue is directed against the order dated 01.12.2022 passed by the learned Single Judge in WPA 26090/2022. By the said order the learned Single Bench directed the Chief Principal Chief Commissioner of Customs to appoint another […]

HC allows correction of GSTIN mistake in Invoices for year 2017-18 to 2019-20

April 17, 2023 22512 Views 0 comment Print

Wipro Limited India Vs Assistant Commissioner of Central Taxes (Karnataka High Court) A perusal of the Invoices at Annexure-C will indicate that while supplies are made by the petitioner to M/s. ABB Global Industries and Services Private Limited, the GSTIN Number mentioned in the Invoices has been incorrectly shown as that of ABB India Limited, […]

Addition without providing copies of seized materials – HC upheld deletion

April 16, 2023 1473 Views 0 comment Print

PCIT (Exemption) Vs Bishandayal Jewellers (Orissa High Court) Before the CIT(A), the Assessee claimed that the Assessing Officer (AO) had not given copies of the seized materials extracted from the hard disk and the pen drive. The CIT( A) called for a remand report from the AO. By the time, the remand report could be […]

Enhancement of holding tax: Orissa HC directs fresh adjudication

April 16, 2023 1011 Views 0 comment Print

There is no dispute through Annexure-1 that the earlier assessment assessing the Petitioner’s building by the Sambalpur Municipal Corporation as it was then operating raising the holding tax to Rs. 1,19,858/- and the proposal for further assessment is only made by way of notice dated 22.2.2023 enhancing the holding tax from Rs.1,19,858/- to Rs. 3,12,609/- per annum.

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