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All High Courts

State bound to cause conversion of leasehold right to ownership upon permission granted under proviso to section 281(ii)

March 10, 2023 4563 Views 0 comment Print

Orissa High Court held that in event petitioners obtain conversion, there will be better chance of recovery by revenue on proceeding with the attachment of land that would then be owned by the estate. However, upon the permission granted under clause (ii) of the proviso in section 281, State will be bound to cause the conversion

Revenue appeal dismissed as tax effect is below prescribed monetary limit

March 10, 2023 2580 Views 0 comment Print

PCIT Vs Urmila RCP Projects Pvt. Ltd. (Jharkhand High Court) Jharkhand High Court dismissed the tax appeal filed by the revenue on the question of maintainability as the tax effect involved in the matter is much below the monetary limit as enumerated in Circular No. 3/2018, Dated: 11/07/2018 read with Circular No. 17 of 2019. […]

For limitation calculation for GST Refund Application Period from 01.03.2020 to 28.02.2022 not includible

March 10, 2023 1101 Views 0 comment Print

Megicon Impex Pvt Ltd Vs Commissioner Of Central Goods And Services Tax Delhi West & Ors. (Delhi High Court) he learned Counsel appearing for the parties have drawn attention to a notification dated 05.07.2022, whereby the period commencing from 01.03.2020 to 28.02.2022, was directed to be excluded for computing the period of limitation, for filing […]

Adjustment of duty drawback against pre-deposit under Section 129E of Customs not permissible

March 10, 2023 717 Views 0 comment Print

Colour Cottex Pvt Ltd Vs Commissioner of Customs (Exports) (Delhi High Court) Delhi High Court  find merit in Revenues contentions that the relief directing adjustment of duty drawback against the petitioner’s obligation to make a pre-deposit under Section 129E of the Customs Act is not permissible. The nature of a claim for duty drawback is […]

Limitation period in case of GST Refund rejection – Rule 89(1A)

March 10, 2023 5352 Views 0 comment Print

Gajraj Vahan Private Limited Vs State of Jharkhand (Jharkhand High Court) As per the amended Rule 89 (1A) of CGST Rules, 2017 and Circular dated 25.09.2021, the limitation period for seeking refund would be two years from the date of the instant notification i.e. 24.09.2021. However, in the face of rejection order, petitioner cannot make […]

Addition u/s 68 sustained as no fresh affidavits produced proving borrowing of unsecured loans

March 10, 2023 627 Views 0 comment Print

Unideep Food Vs T.K. Satapathy (Orissa high court) Orissa High Court held that assessee failed to produce any fresh affidavits proving that it had borrowed unsecured loans from lender farmers as directed by ITAT while remanding the matter. Accordingly, addition under section 68 sustained. Facts- This appeal by the Assessee is directed against an order […]

Granting personal hearing not required u/s. 84 of TNVAT Act in case of no enhancement of assessment/penalty

March 10, 2023 1200 Views 0 comment Print

Madras High Court held that as per provisions of section 84 of the Tamil Nadu Value Added Tax Act, 2006, when there is no enhancement of assessment or penalty, there is no necessity for the respondent to adhere to the principles of natural justice.

Refund payable to deductee cannot be set-off against TDS not deposited by deductor

March 10, 2023 1734 Views 0 comment Print

Sanjay Sudan Vs ACIT (Delhi High Court) Delhi High Court held that deductee/ assessee cannot be called upon to pay tax, which is already deducted from his income as TDS. TDS not deposited by deductor cannot be set-off against refund amount payable to deductee. Facts- The petitioner was an employee of Kingfisher. The employer had […]

National Highway Authorities directed to revise GST rate on works contract to 18%

March 10, 2023 2091 Views 0 comment Print

KCP Infra Limited Vs Principal Secretary (Madras High Court) Madras High Court held that on account of revision of GST rate on works contract to 18% instead of earlier 12%, the court directed the National Highway Authorities to revise GST rates on bills raised by the petitioner (works contractor). Facts- The petitioner is a Works […]

Short accommodation for submissions granted in case of revocation of cancellation of GST registration

March 9, 2023 480 Views 0 comment Print

Madras High Court granted short accommodation to make further submissions in the case of revocation of cancellation of GST registration.

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