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All High Courts

Fictitious transaction requires full-fledged investigations – Writ not maintainable

January 20, 2023 3075 Views 0 comment Print

HC should not interfere in these types of cases where full-fledged investigations are required on alleged fictitious transaction/claim and all these are matters of evidence which cannot be appreciated by the writ court.

HC directs non-eviction of property owned by Co-Owner of Property under PMLA

January 20, 2023 2271 Views 0 comment Print

Delhi HC allows Sanjay Jain to challenge property attachment. Get insights into the PMLA Appellate Tribunal process. Eviction notices discussed.

OVAT: No concessional VAT on Tyre, Tube & Flaps sold with Tractor-Trolley

January 20, 2023 885 Views 0 comment Print

Tribunal was justified to tax tyre, tube and flaps when sold along with tractor-trolley as a single unit to be taxed separately @ 12.5% [up to 31.03.2011] and 13.5% [after 01.04.2011]

Rendering of advisory service doesn’t amount to Fees for Included Services

January 19, 2023 1431 Views 0 comment Print

Calcutta High Court held that rendering of advisory service doesn’t amount to Fees for Technical Services/ Fees for Included Services under Article 12(4)(b) of the India-US Double Taxation Avoidance Agreement.

State Government obliged to refund value of stamps which are not used

January 19, 2023 2355 Views 0 comment Print

Bombay High Court held that State Government is under an obligation to repay the value of stamps in money in case the stamps are not used and given to Collector for cancellation.

Rejection of books of accounts on the basis of high consumption of electricity justifiable

January 19, 2023 1566 Views 0 comment Print

Allahabad High Court held that excessive power consumption, prima facie, establishes the intention to suppress the production and the turnover. Accordingly, the books of account can be rejected on the basis of high consumption of electricity.

Reassessment only on account of ‘change of opinion’ is liable to be struck down

January 19, 2023 1092 Views 0 comment Print

Rajasthan High Court held that reassessment resorted only on account of ‘Change of opinion’ of AO and without there being any fresh tangible evidence for reopening the assessment proceedings is liable to be struck down.

Re-opening of assessment unjustified as complete disclosure of primary material facts already submitted

January 19, 2023 732 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 147 of the Income Tax Act is unjustified as the assessee provided complete disclosure of all the primary material facts during the scrutiny assessment.

Assessee allowed to rectify its GST Returns after the deadline

January 19, 2023 3465 Views 0 comment Print

HC permitted assessee to rectify its GST Returns filed for the months of September 2017 and March 2018, in order to claim ITC benefit by the recipient, wherein B2C was erroneously mentioned, instead of B2B. Held that, the assessee will be unnecessarily prejudiced if it is not allowed to avail the benefits of ITC.

GST order passed without granting opportunity of personal hearing is set aside

January 19, 2023 4893 Views 0 comment Print

Gujarat High Court held that order, making the addition of huge amount of tax, interest and penalty, passed in FORM GST DRC-07 without granting opportunity of personal hearing is liable to be set aside.

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