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Granting opportunity of being heard mandatory before invoking power u/s 127 to transfer case

February 14, 2023 5235 Views 0 comment Print

Calcutta High Court held that order of transfer passed invoking power under section 127 of the Income Tax Act without opportunity of being heard is unsustainable in law.

GST Appeal filed offline cannot be denied on technical grounds

February 13, 2023 2829 Views 0 comment Print

HC held that taxing authorities cannot stop any assessee from claiming its statutory right of appeal, in the garb of technicality and cannot deny to entertain the appeal filed offline on technical grounds, due to mistake of department or technical glitch in software when an appeal of assessee is not reflected on the portal.

Offence u/s 409 of IPC unsustainable as company not a willful defaulter

February 13, 2023 6957 Views 0 comment Print

Karnataka High Court held that in absence of any willful default on the part of the company, authorized signatory (vice-president) cannot be hauled into the web of crime for an offence under section 409 of the IPC.

CST not leviable as interstate movement of goods merely a branch transfer

February 13, 2023 1731 Views 0 comment Print

Orissa High Court held that assessee has discharged its initial burden of showing that the transaction was only a branch transfer, whereas, the Department has been unable to prove the transaction was not merely a branch transfer but was a movement of goods by way of interstate sale. Accordingly, Central Sales Tax not leviable.

JVAT: Transportation cost of goods which is separately charged to buyer not to included in sale price

February 13, 2023 912 Views 0 comment Print

Jharkhand High Court held that as per Explanation-III to section 2(xlviii) of JVAT Act sale price shall not include cost for transport of goods from seller to buyer provided such cost is separately charged to buyer.

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2014-15

February 13, 2023 8319 Views 2 comments Print

Vinod Fabrics Private Limited Vs ACIT (Gujarat High Court) Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2014-15, Post SC decision in UOI vs. Ashish Agrawal FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT 1. The petitioner seeks to challenge the notice issued under Section-148 of the […]

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2013-14

February 13, 2023 8544 Views 0 comment Print

Taru Pallav Projects Pvt. Ltd. Vs ITO (Gujarat High Court) Hon. Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2013-14, Post SC decision in UOI vs. Ashish Agrawal 1. The petitioner seeks to challenge the notice issued under Section-148 of the Income Tax Act, 1961 dated 30.06.2021. In […]

Refund of excess tax paid vis-à-vis ‘C’ forms granted

February 13, 2023 1275 Views 0 comment Print

Most of my judgements are getting sufficient views. Surely sometimes the analysis may turn out to be not satisfying However addressing the same with a tag that allocation of judgement will be stopped doesnt sound professional

Pre-deposit restricted to 15% of tax demand instead of 15% of total amount fixed by AO

February 13, 2023 1830 Views 0 comment Print

Gujarat High Court directed direct pre-deposit amount to be quantified @ 15% of the tax demand raised by the respondent rather than 15% of the total amount fixed by the Assessing Officer.

Writ against State or its instrumentality arising out of contractual obligation is maintainable

February 13, 2023 3498 Views 0 comment Print

Karnataka High Court held that cancellation of contract by State just before delivery of final product is violation of contract and accordingly writ petition under Article 226 of the Constitution of India against a State or its instrumentality for the same is maintainable.

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