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GST registration cancellation without determination of amount payable is unsustainable

February 26, 2023 1962 Views 0 comment Print

Gujarat High Court held that order of cancellation of GST Registration passed without determination of the amount which is to be paid by the petitioner-assessee is unsustainable and liable to be quashed.

Fraudulent GST Registration: HC directs GST Authorities to examine grievance of petitioner

February 25, 2023 993 Views 0 comment Print

The petitioner claims that he apprehends that a demand of GST may be raised on him on account of fraudulent actions of the persons who have registered a firm in his name. He also claims that the said unknown persons have been filing returns without his knowledge. In the aforesaid context, the petitioner had also made a representation to the Delhi Police, which is pending action.

Order u/s 179(1) without gross-negligence, misfeasance or breach of duty of assessee is untenable

February 25, 2023 1527 Views 0 comment Print

Bombay High Court held that in absence of any finding that non-recovery of tax due from the company can be attributed to any gross-negligence, misfeasance or breach of duty on the part of the petitioner, no order could have been made u/s 179(1) of the Income Tax Act.

Bail not granted as applicant doesn’t qualify twin conditions of Section 45 of PMLA

February 25, 2023 3189 Views 0 comment Print

Allahabad High Court held that bail not granted as the applicant doesnt qualify the twin conditions of section 45 of Prevention of Money Laundering Act, 2002 (PMLA) and applicant is based at Abu Dhabi.

Fresh assessment order in pursuance of order u/s 254, 263 or 264 should be made within 9 months

February 25, 2023 5010 Views 0 comment Print

Bombay High Court held that as per provisions of section 153(3) of the Income Tax Act any order of fresh assessment in pursuance of an order under Section 254, 263 or 264 should be made within a period of 9 months from the end of the financial year in which the order is received. Order passed beyond the same will be time barred.

Allahabad HC on Section 148 Notices issued after 01.04.2021 for AY 2013-14 to 2017-18

February 25, 2023 25752 Views 1 comment Print

Rajeev Bansal Vs Union of India (Allahabad High Court) Allahabad high court in lead case of Rajeev bansal vs UOI (Writ Tax of 1086/2022) and others by division bench presided by justice sunita agarwal on issue of time barred notices u/s 149 first proviso under amended law (judgment reserved on 15 Dec 2022) has rejected […]

RTI: VCC, Charge sheets, suspension order etc. falls under purview of personal information

February 25, 2023 2406 Views 0 comment Print

HC ruled that VCC, Charge sheets, suspension order would fall under purview of personal information as defined in Section 8(1)(J) of RTI Act

Assessee should not be left without remedy due to non-constitution of GST Tribunal

February 25, 2023 1560 Views 0 comment Print

HC set aside order cancelling GST Registration of assessee due to non-filing of GST Returns for continuous period of 6 months, on the ground that GST Tribunal has not been constituted and assessee should not be left without remedy.

Reopening of assessment without any new information is unjustified

February 25, 2023 2988 Views 0 comment Print

Bombay High Court held that reopening of assessment under section 148 in absence of any new information received by AO between the date of assessment order u/s 143(3) till the issuance of notice u/s 148 is unjustified and untenable in law.

Assessee directed to file representation for release of blocked funds w.r.t. alleged non-payment of GST and excess availment of ITC

February 25, 2023 1056 Views 0 comment Print

Assessee directed by Madras HC to file representation for release of blocked funds w.r.t. alleged non-payment of GST & excess ITC availment

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