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HC quashes Section 148(A) Order passed unilaterally without considering adjournment request

February 17, 2023 2772 Views 0 comment Print

Shree Siddhi Foods Vs ACIT (Gujarat High Court) In this case request of adjournment for seven days was not acceded to by explicit order. Thereafter, when the order was passed under Section 148A(d) on 31.3.2022, he was oblivious of the reply which was tendered by the petitioner-assessee. This practice of not responding to the request […]

Refund claims cannot be considered as dubious on the basis of erroneous findings

February 17, 2023 1155 Views 0 comment Print

Mahajan Fabrics Pvt Ltd Vs Commissioner CGST And Ors (Delhi High Court) The Hon’ble Delhi High Court in M/s. Mahajan Fabrics Pvt. Ltd. v. Commissioner, CGST and Ors. [W.P. (C) 6727/2022 dated February 6, 2023] has set aside the order passed by the Appellate Authority, disallowing the refund claimed by the assessee. Held that, the […]

Approach commissioner with request for extension of time limit for submission of Form GST ITC-01: HC

February 17, 2023 4560 Views 0 comment Print

Petitioner should approach Commissioner, State Taxes with a request for extension of time limit for submission of Form GST ITC-01, which may be considered in accordance with law.

Jurisdiction of Assessee cannot be transferred Automatically to Jurisdiction of Company in which he is director

February 17, 2023 2421 Views 0 comment Print

Petitioner was surprised that jurisdiction had been shifted from Bhubaneswar to Balasore and he accordingly filed an objection on 10th March, 2016.

Kerala HC Allows Payment of Motor Vehicle Tax arrears in Installments

February 17, 2023 480 Views 0 comment Print

Petitioner prayed for a direction to respondent to accept repayment of motor vehicle tax arrears demanded for the vehicle in instalments.

UPVAT on bottles in the form of pat pre-form of plastic bottles

February 17, 2023 594 Views 0 comment Print

Commissioner Commercial Tax U.P. Vs Varun Beverages Ltd. (Allahabad High Court) The short controversy before this Court is that as to whether pat pre-form of plastic bottles which are supplied by the assessee who is manufacturer to various dealers is liable to be taxed @ 4% as mentioned in Schedule-II Part C Entry No.174 of […]

No extension beyond limitation period under Central Excise Act for refund applications  

February 17, 2023 1080 Views 0 comment Print

Mehrul Industries (India) Vs Union Of India (Rajasthan High Court) Central Excise Act and the rules framed thereunder, do not contemplate extension of time beyond the period of limitation for entertaining applications for refund of duty and interest rebate claims, which have to be submitted within a period of one year as stipulated under Section […]

Sales tax/ VAT dues payable by original owner cannot claim priority over secured creditor’s due

February 16, 2023 1113 Views 0 comment Print

Gujarat High court held that the dues in the nature of sales tax or VAT payable by the original owner cannot claim priority over the dues of the secured creditor.

Dept admits system error in ITR processing & agreed to rectify mistake of 4.57 Crore

February 16, 2023 1602 Views 0 comment Print

It has been admitted that income of Rs.4,57,18,304/- and tax determined thereupon at Rs.87,48,804/-was due to a system error which was in process of being rectified. It is also stated that the Faceless Assessing Officer in fact has assessed income at Rs.1,920/-

Appellate authority not empower to decide on issue which didn’t originate from original authority’s order

February 16, 2023 1464 Views 0 comment Print

Calcutta High Court held that the appellate authority could not have taken a decision on an issue, which did not emanate from the order passed by the original authority.

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