Patna High Court held that in case the petitioner makes deposit of a sum equal to 20% of the remaining amount of tax in dispute then the petitioner must be extended the statutory benefit of stay u/s. 112(9) of the Bihar Goods and Services Tax Act, 2017 (BGST Act) for he cannot be deprived of the benefit, due to non- constitution of the Tribunal.
Shapoorji Pallonji Solar Holdings Private Limited Vs ITO (Madras High Court) Writ Petition- Remedy Under Article 226 of Constitution of The India Constitutes An Extraordinary Remedy Assessee challenged the assessment order mainly on the ground of violation of principles of natural justice urging the point that the order had travelled beyond the scope of show-cause […]
Kerala High Court held that order passed rejecting claim of input tax credit (ITC) on purchase of capital goods without giving reasons for rejecting the same is unjustified and unsustainable.
CIT (Exemptions) Vs Kalinga Institute of Industrial Technology (Orissa High Court) On 12th January 2022, the CIT (E) issued a show cause notice (SCN) to the Assessee under Section 263 of the Act stating that a sum of Rs.1,11,54,33,001/- collected as development fees from its students had been directly carried to the balance sheet under […]
Deciding appeal on ex parte basis on very first day of hearing is unjustified & such order is vitiated due to violation of principles of natural justice
A compounding application under Section 279(2) of Income-tax Act, 1961 was made and is pending adjudication by CCIT. In the event of acceptance of compounding application, Act prescribes closure of criminal case.
The main plea of the petitioners is that the anticipatory bail of these petitioners stand on a better footing than that of two co-accused who have been admitted on interim bail by the Hon’ble Supreme Court who were the Chartered Accountants and against whom there is direct allegation of paying illegal gratification to the principal accused and they were instrumental in getting the accounts of different Income Tax assessees transferred from Kolkata to Ranchi.
Appellant submitted that interest on disputed tax does not come within expression remaining tax for Section 112(8) of CGST Act, 2017
PCIT Vs Karan Polymers Pvt. Ltd (Calcutta High Court) Short issue involved in the instant case is whether assumption of jurisdiction by PCIT under Section 263 of the Act was justified. The learned Tribunal noted that the issue based on which the PCIT assumed jurisdiction under Section 263 of the Act was the very same […]
Order cancelling petitioner’s GST registration passed in violation of principles of natural justice, is liable to be set aside.
