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All High Courts

Subsequent revisional order tends to be invalid as original re-assessment order passed invalidly

March 15, 2023 993 Views 0 comment Print

Orissa High Court held that when original re-assessment order was not passed validly, subsequent revisional order passed by PCIT is held to be invalid.

U.P. Trade Tax: Penalty proceedings initiated u/s 8(D)(6) untenable once tax liability was created on contractor

March 15, 2023 960 Views 0 comment Print

Allahabad High Court held that penalty proceedings initiated against a Government Institution for non-deduction of tax under section 8(D) of U.P. Trade Tax Act from amount payable to works contractor unsustainable as once the said contractor was assessed to tax creating tax liability on payment received from the Government Institution.

In absence of any remedy, as GST tribunal not constituted, matter of GST registration cancellation remanded for fresh decision

March 15, 2023 1641 Views 0 comment Print

Telangana High Court in the case of suo motu cancellation of GST registration due to non-filing of GST returns, remanded the matter for fresh decision as due to non-constitution of GST tribunal, petitioner is left without any remedy.

Interest on instalments refunded under IDS 2016 not payable as it was not voluntary tax payment

March 15, 2023 816 Views 0 comment Print

Jharkhand High Court held that instalments paid under Income Declaration Scheme, 2016 is allowed as refund. However, interest on the same is not payable as there was no voluntary payment of tax on self-assessment.

Revisional proceeding u/s 18 has to be concluded not beyond 5 years from original assessment order

March 15, 2023 864 Views 0 comment Print

Orissa High Court held that the suo motu revisional proceeding under section 18(1) of the Odisha Entry Tax Act, 1999 has to be concluded not beyond five years from the original order of assessment.

Delhi HC allows GST Registration cancellation from actual date of ceasing of business operations

March 15, 2023 3621 Views 0 comment Print

The petitioner had made an application in the requisite form (Form GST REG-16) praying that his registration be cancelled with effect from 31.07.2021. The reason for seeking cancellation of the registration was disclosed as ‘Discontinuance of business/Closure of business’.

Matter of levy of VAT/ GST on Extra Neutral Alcohol pending before SC hence hearing deferred

March 15, 2023 840 Views 0 comment Print

Bombay High Court deferred the hearing in the matter of levy of VAT or GST on Extra Neutral Alcohol as matter already pending before Supreme Court.

Petitioner-dealer has due right to cross-examine the selling dealer

March 15, 2023 813 Views 0 comment Print

Orissa High Court held that petitioner-dealer has right to cross-examine the selling dealers, however, as more than two decades elapsed it might not be practical. Accordingly, assessment would stand completed at the figures disclosed in the return of petitioner-dealer.

Non-Submission of reply to SCN cannot be a valid ground for cancellation of GST Registration

March 14, 2023 5805 Views 0 comment Print

HC set aside cancellation order of GST Registration of assessee on the grounds that non-submission of reply to Show Cause Notice cannot be a ground for cancellation of GST Registration.

AO cannot invoke rule 8D(2)(ii) of Income Tax Rules without examining claim made by assessee

March 14, 2023 1383 Views 0 comment Print

Calcutta High Court held that invocation of provisions of rule 8D(2)(ii) of the Income Tax Rules by AO without examining the accounts of the assessee and without examining the claim made by the assessee is unjustified.

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