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All High Courts

Refund denial for Subsequent Addition of GSTIN in Refund Form by exporter of Appellant – HC directs re-adjudication

March 14, 2023 1083 Views 0 comment Print

Gujarat High Court allows Apex Formulations Pvt Ltd’s petition challenging CGST appeal on refund denial. Remands to Appellate Authority for fresh consideration.

Telangana HC quashes Order passed in Mechanical Exercise of Power

March 14, 2023 1107 Views 0 comment Print

NSPIRA Management Services Private Limited Vs DCIT & ACIT (Telangana High Court) From a perusal of the impugned order dated 16.12.2022, it is seen that respondent No.1 had followed instructions of the Central Board of Direct Taxes (CBDT) dated 31.07.2017 to the effect that where outstanding demand is disputed before the appellate authority, the assessee […]

Delhi HC set aside Section 148A(d) order passed without considering reply of Assessee – directs de novo exercise

March 14, 2023 9990 Views 0 comment Print

Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified as Rs.24,10,705/- the amount in issue is only Rs.13,73,503/-. It is, thus, the petitioner’s case that Rs.10,37,202/- has been wrongly included. Mr Puneet Rai, learned senior standing counsel, who appears on behalf […]

Issue on Merits not Opened in SCN: HC grants interim protection to Dhampur Sugar Mills

March 14, 2023 423 Views 0 comment Print

Dhampur Sugar Mills Ltd Vs Commissioner Of Customs And Central Excise (Allahabad High Court) Allahabad High Court heard learned counsel for parties and having perused the record, prima facie, it cannot be disputed that the issue on which adjudication was sought to be made and the issue that has been adjudicated appear to be different. […]

Departmental authorities need to decide on provisional release application filed u/s 110A of Customs Act, 1962

March 14, 2023 624 Views 0 comment Print

Raw enterprises Vs The Principal Commissioner of Customs (Madras High Court) Madras High Court held that as per provisions of section 110A of the Customs Act, 1962 departmental authorities need to take decision on provisional release application. Petitioner directed to furnish fresh application u/s 110A as against the allegation that application is not in prescribed […]

Bail application rejected on the basis of gravity of offence and criminal antecedents

March 14, 2023 3870 Views 0 comment Print

Allahabad High Court rejected the bail application filed u/s. 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of gravity of offence and the criminal antecedents.

Interest u/s 234E of Income Tax for TDS returns prior to 01.06.2015 is illegal

March 14, 2023 1440 Views 0 comment Print

Delhi High Court held that levy of interest under section 234E of the Income Tax Act is illegal for returns of TDS in respect of the period prior to 01.06.2015. Accordingly, directed to be deleted.

Initiation of coercive recovery proceedings without passing of assessment order is invalid

March 14, 2023 1362 Views 0 comment Print

Madras High Court held that initiation of coercive recovery proceedings, by exercising power under section 45 of the Tamil Nadu Value Added Tax Act, 2006, without passing of assessment order is invalid and unsustainable.

In absence of any incriminating documents seized during search- Additions not justified

March 14, 2023 3654 Views 0 comment Print

In absence of any incriminating documents seized during search, AO is not justified in making addition in non-abated assessment orders u/S 153-A r/W Sec 143(3) of Income Tax Act of 1961.

C-forms cannot be cancelled retrospectively: Delhi HC

March 14, 2023 2118 Views 0 comment Print

Zapsell Retail Vs Commissioner State Goods And Services Tax (Delhi High Court) In Jain Manufacturing (India) Pvt. Ltd. v. The Commissioner Value Added Tax & Anr. (W.P.(C) 1358 of 2016 decided on 06.2016) this Court had held that C-forms cannot be cancelled retrospectively. Further, this Court has disposed of several writ petitions involving the similar […]

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