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All High Courts

Notice to be served to assessee before carrying out physical inspection of business premises

January 6, 2023 1428 Views 0 comment Print

HC held that notice is needed to be served to assessee under Rule 25 of Central Goods and Services Tax Rules, 2017 (CGST Rules) before physical inspection is carried out.

HC restores GST Registration Cancelled by A Non-Speaking Order

January 6, 2023 2019 Views 0 comment Print

Not only the GST Registration cancellation order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed

Service tax leviable on works contract service other than commercial nature rendered to Government

January 5, 2023 12678 Views 0 comment Print

Madras High Court held that works contract service other than commercial nature rendered to the Government, Local Bodies, Statutory Authorities etc. is liable to service tax.

Writ challenging Advance Ruling order dismissed due to lack of jurisdiction

January 5, 2023 675 Views 0 comment Print

Bombay High Court held that conversion of limited enquiry of classification of goods in respect of Advance Rulings into an appellate enquiry is not permissible to be undertaken in writ jurisdiction.

Granting opportunity of cross-examination of concerned person mandatory

January 5, 2023 936 Views 0 comment Print

Calcutta High Court held that passing of an order without allowing the assessee an opportunity of cross-examination of the concerned person is against the principle of natural justice and liable to be set aside.

Exercising power under Article 226 unjustified as remedy available before Debt Recovery Tribunal

January 5, 2023 1041 Views 0 comment Print

Bombay High Court held that exercise of power under Article 226 untenable as remedy before Debt Recovery Tribunal available to the petitioner challenging forfeiture of earnest money deposit.

Calcutta HC set-aside demand order passed without disposing stay petition

January 5, 2023 1539 Views 0 comment Print

Rifle Factory Co-operative Society Ltd Vs ACIT (Calcutta High Court) Whether demand in pursuance of order of assessment can be pursued without disposing off the petition for stay of demand. The Single Bench of Calcutta High Court in this case was dealing with a situation where without disposing off the petition for stay of demand, […]

ITATs can allow ground which was not taken before CIT(A) & Assessing Officer

January 5, 2023 2364 Views 0 comment Print

Whether ITAT has the power to entertain additional ground without recording reasons and without following Rule 46A of the Income-tax rules, 1962 and whether jurisdictional issue relating to non issuance of notice u/s 143(2) can be raised at any time?

Bail granted as arrest memo didn’t contain gist of alleged offence

January 5, 2023 2139 Views 0 comment Print

Bombay High Court held that as arrest memo needs to contain the gist of offence alleged to have been committed Absence of the same, makes arrest memo bereft of necessary particulars. Accordingly, bail granted to the applicant.

HC directs AO to issue fresh SCN with an open mind without pre-deciding any issue

January 5, 2023 1941 Views 0 comment Print

HC held that we are confident that very same officer will have an open mind and issue a show cause notice in a proper manner giving adequate opportunity to the appellants to submit their reply and it is thereafter the show cause notice has to be adjudicated

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