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HC dismisses writ petition against classification of ‘tush kuro’ as ‘rice bran’

February 16, 2023 318 Views 0 comment Print

Ajay Saha Vs Sales Tax Officer (Calcutta High Court) Petitioner contends that his product is cattle feed and is not liable to be taxed but nowhere the particular product on which the petitioner wants exemption has been mentioned in the said schedule. The schedule ‘A’ of the West Bengal Value Added Tax, 2003 simply includes […]

Higher rate of tax under Section 115BBE apply to AY 2017 -18

February 16, 2023 23052 Views 0 comment Print

Maruthi Babu Rao Jadav Vs ACIT (Kerala High Court) The writ petition sought for a declaration that the amendments made by the Taxation Laws (Second Amendment) Act, 2016, to Section 115BBE of the Income Tax Act, 1961 enhancing the rate of income tax, for specified incomes which are unexplained, to 60% and the surcharge provided […]

Assessee allowed to file an appeal after delay of a negligible period

February 16, 2023 2466 Views 0 comment Print

HC allow assessee to file appeal where there is delay of a negligible period by extending stipulated time under Section 107 of CGST Act 2017

Notice issued to non-existent company after its amalgamation is not valid under Income Tax

February 16, 2023 2805 Views 0 comment Print

HC set aside Section 148 notice, order of assessment and consequential demand and penalty notice, as same was issued in the name of a non-existent company, on account of its amalgamation.

Writ petition filed before passing of final order is premature & not maintainable

February 16, 2023 1347 Views 0 comment Print

HC held that writ petition challenging SCN for reversal of ITC even before passing of final order is premature & cannot be entertained.

Assessee allowed to submit additional reply to SCN against non-payment of tax within prescribed period under SVLDRS

February 16, 2023 936 Views 0 comment Print

Assessee allowed by HC to submit an additional reply to a SCN against non-payment of tax within prescribed period under  SVLDRS

Purchases/Sales suppression cannot be based on ‘Eye Estimation’ of Stock

February 16, 2023 1821 Views 0 comment Print

HC held that there cannot be an automatic enhancement of taxable turnover on the basis of eye estimation by the Assessing Officer

Goods reached at destination in-time but goods unloaded after expiry of E-Way Bill

February 15, 2023 3786 Views 0 comment Print

State of Karnataka Vs Hemanth Motors (Karnataka High Court) Learned AGA appearing for the appellant has vehemently argued and contended that unloading was not done until 5.00 p.m. on the next day and therefore, the goods cannot be transported without seeking extension of validity period of E-way bill. The learned AGA would further contend that […]

HC set-aside service tax demand as non-speaking order was passed without considering exemption clauses

February 15, 2023 1479 Views 0 comment Print

Shri Keshab Purkayastha Vs  Union of India (Tripura High Court) The impugned order dated 16.11.2022 passed by the respondent No.3, apart from being illegal, arbitrary and without jurisdiction, is apparently perverse and fraught with patent illegality since it was conclusively decided by the respondent No.2 after consulting the relevant laws that the services rendered by […]

HC allows manual application for Claim for Refund of Eligible excess ITC

February 15, 2023 1326 Views 0 comment Print

Tvl. Ramana Textiles Private Limited Vs Commissioner of State GST and Commercial Taxes (Madras High Court) The present Writ Petition has been filed seeking for a writ of Mandamus to direct the respondents to refund the eligible excess ITC amount for the month of January to March 2018, based on the petitioner’s application dated 13.02.2019 […]

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