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Fees earned from regulating market dealing with fish, poultry & eggs deductible u/s. 10(26AAB)

April 1, 2023 1173 Views 0 comment Print

Delhi High Court held that the fee earned by the respondent/ assesse (M/s. Fish Poultry and Egg Marketing Committee) from regulating agricultural produce (which includes fish, poultry, and eggs) falls within the scope of Section 10(26AAB) of the Income Tax Act, 1961.

Agreed procedure for appointing arbitrator not followed hence petition u/s 11(6) of Arbitration & Conciliation Act, 1996 dismissed

April 1, 2023 438 Views 0 comment Print

Madhya Pradesh High Court held that as petition under section 11(6) of the Arbitration and Conciliation Act, 1996 not maintainable as there was an agreement on procedure to be followed for appointing an arbitrator.

Mutation is meant for identifying person primarily liable for payment of tax

March 30, 2023 1104 Views 0 comment Print

According to provisions of law, mutation is meant for the purpose of identifying person primarily liable for payment of tax. Mutation neither creates nor extinguishes title of any of parties to property.

No reassessment for Assessment years 2013-14 & 2014-15 if notices issued under old provision between 01.04.2021 to 30.06.2021

March 30, 2023 10287 Views 0 comment Print

Sumit Jagdishchandra Agrawal Vs DCIT (Gujarat high court) All original notices under section 148 referable to old regime and issued between 01.04.2021 to 30.06.2021 would stand beyond prescribed permissible timeline of six years from end of assessment year 2013-14 and assessment year 2014-15. Therefore, all such notices when they would relate to assessment year 2013-14 […]

Penalty u/s. 125 of CGST Act can be invoked separately for each non-compliances

March 30, 2023 17559 Views 0 comment Print

Madras High Court held that section 125 is a residuary provision and as there are three specific non-compliances qua statutory requirements, penalty u/s. 125 of Rs. 25,000 each can be invoked for such non-compliances.

Karnataka HC quashes Rule 89(4)(c) of CGST Rules, 2017

March 30, 2023 35277 Views 1 comment Print

HC held that impugned amendment to Rule 89(4) (C) of the CGST Rules, as amended vide Para 8 of Notification 16/2020-CT dated 23.03.2020 is illegal, arbitrary, unreasonable, irrational, unfair, unjust and ultra vires Section 16 of the IGST Act and Section 54 of the CGST

Prosecution in Dabba trading based on inadmissible piece of evidence is liable to be quashed

March 29, 2023 3150 Views 0 comment Print

Madras High Court held that confirmation of Dabba trading is based on inadmissible piece of evidence. Accordingly, prosecution becomes a futile exercise and hence quashed.

Issue of mandatory pre-consultation before Issue of SCN: Bombay HC stays SCN

March 29, 2023 4185 Views 0 comment Print

HC observed that against judgment of High Court of Delhi in case of Amadeus India Pvt. Ltd., appeal is pending before Supreme Court solely on the point of limitation. Thus, prima facie, Revenue has impliedly conceded that pre-consultation is mandatory.

Original assessment completed after considering all facts hence re-assessment unsustainable

March 29, 2023 1122 Views 0 comment Print

Bombay High Court held that reassessment proceedings u/s. 148 of the Income Tax Act is liable to be quashed and set aside as original assessment was completed after considering all the facts and material.

HC quashes Search Assessment based on unauthorized search 

March 29, 2023 1176 Views 0 comment Print

Admittedly, if a search is conducted by applying Section 153A of the Income Tax Act, there should be a specific authorization. In the instant case, admittedly, there is no warrant authorization to conduct search as per Section 132 of the Income Tax Act on the petitioner.

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