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Criminal case quashed as delayed payment of tax was not a willful attempt to evade tax

April 10, 2023 2124 Views 0 comment Print

Telangana High Court allowed the Criminal Petition as delayed payment of tax was on account of cogent reasons i.e. financial difficulty and was not on account of any willful attempt to evade tax.

Notice u/s 148 beyond the period of six years is barred by limitation

April 10, 2023 36408 Views 0 comment Print

Gujarat High Court held that issuance of notice for reassessment under section 148 of the Income Tax Act beyond the period of six years from the end of the relevant assessment year is barred by limitation.

Denial of refund of accumulated ITC for non-submission of information regarding transfer of business is unacceptable

April 10, 2023 1362 Views 0 comment Print

Delhi High Court held that denial of refund of accumulated ITC on the ground that information regarding transfer of business and other returns to establish the transfer of stocks and capital goods not submitted is unacceptable.

Definition of ‘input service’ u/s. 2(l) of CCR doesn’t exclude re-insurance service

April 10, 2023 1131 Views 0 comment Print

Delhi High Court held that the re-insurance services were not excluded from the definition of ‘input service’ as defined under Section 2(l) of the CENVAT Credit Rules, 2004 with effect from 01.04.2011.

SVLDR Scheme covers not only tax but it also covers interest and penalty

April 10, 2023 1296 Views 0 comment Print

Bombay High Court held that SVLDR Scheme covers not only tax but also interest, penalty. Hence, declaration under SVLDR in respect of notice issued for interest duly allowable.

Reasons for non-appearance found to be genuine hence ex-parte assessment order set aside

April 10, 2023 1635 Views 0 comment Print

Kerala High Court sets asides the ex-parte impugned assessment order and directs the assessing authority to pass fresh orders as the reasons for non-appearance before AO in response to the notice for hearing are found to be genuine.

CIDCO can decide technical qualification of bidder based on opinion of MSETCL

April 9, 2023 906 Views 0 comment Print

CIDCO were the best judge to consider compliance with technical and financial conditions. MSETCL was consulted by CIDCO, both on account of the fact that the project had been undertaken by CIDCO on behalf of MSETCL as well as the execution of the same under the supervision of MSETCL. Therefore, the order of CIDCO was upheld in holding BNC to be technically qualified.

Writ accepted in case of cancellation of GST registration due to non-formation of GST Tribunal

April 9, 2023 1410 Views 0 comment Print

Andhra Pradesh High Court allowed the writ petition in the matter of cancellation of GST registration on account of non-filing of GST return as GST Tribunal has not been constituted.

Petitioner required to compensate by payment of interest as State of Odisha deprived of recovering 2/3rd tax due

April 8, 2023 2823 Views 0 comment Print

Orissa High Court held that State of Odisha was deprived of recovering 2/3rd of tax due by virtue of interim order of the Supreme Court of India, accordingly, petitioner is required to compensate the State of Odisha by making payment towards interest in the interest of justice and equity.

Prosecution in absence of willful admits to evade any tax, penalty or interest is unsustainable

April 8, 2023 1842 Views 0 comment Print

Gujarat High Court held that as per provisions of section 276-C prosecution can be launched only if there is willful admits to evade any tax, penalty or interest chargeable or imposable under the Income Tax Act. Prosecution in absence of willful admits is unsustainable

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