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Completion of assessment based on notices served to e-mail address of dissolved firm is unsustainable

January 3, 2023 1266 Views 0 comment Print

Kerala High Court held that completion of the assessment on the basis of best judgment alleging that petitioner had not responded to pre-assessment notice is unsustainable as the notices were served to the e-mail address of the dissolved firm.

Benefit of concessional rate of customs duty for importing equipment for its solar power project – HC grants interim relief

January 3, 2023 897 Views 0 comment Print

A perusal of the communication dated 21.11.2022 would show that the benefit of the concessional rate of customs duty available to the petitioner for importing equipment for the purpose of its solar power project, has been denied on account of a purported retrospective amendment to the Project Import Regulations, 1986

Bail application in Winmoney scam rejected due to seriousness of allegations and gravity of offense

January 3, 2023 3996 Views 0 comment Print

Alleged conversion of Rs. 156.22 Cr defrauded amount to Cryptocurrency: P&H HC denies Regular Bail to Accused in Winmoney Scam on Telegram

Order cancelling GST registration set aside as passed without application of mind

January 3, 2023 1254 Views 0 comment Print

Delhi High Court held that order cancelling GST registration passed without application of mind by simply doing cut and paste job is liable to be set aside.

Taxable amount rightly reflected as Basic Rate in Tender: HC upheld Demand of GST

January 3, 2023 1257 Views 0 comment Print

It is evidently clear that there was no auto generation of the amount at the site after filling in the basic rate. On the other hand, it is absolutely clear that the amount as was entered at Sr. No. 13 was auto reflected at Sr. No.53.

HC allows rectification of GSTR-1 as entries mistakenly shown in B2C instead of B2B

January 3, 2023 4377 Views 0 comment Print

Certain inadvertent mistakes were committed by showing the outward supply in B2C column instead of B2B and therefore, the recipient, i.e. the respondent no.2 is unable to find the same in GSTR-2A

HC dismissed writ filed against Penalty Order without filing any appeal against Assessment order

January 3, 2023 978 Views 0 comment Print

Poddar Real Estates Pvt. Ltd Vs ITO (Calcutta High Court) By this writ petition petitioner has made prayer for cancellation of the impugned order dated 2nd December, 2016 passed under Section 144 read with Section 147 of the Income Tax Act, 1961 and subsequent penalty notice issued under Section 271(i) (c) of the Income Tax […]

A person not guilty for cheque bounced 9 months after his retirement from company

January 3, 2023 987 Views 0 comment Print

Man Mohan Patnaik Vs Cisco Systems Capital India Pvt.Ltd & Ors. (Delhi High Court) Upon a bare perusal of section 138 of the NI Act, it is evident that the genesis of an offence under that provision is the ‘return’ of a cheque by a bank ‘unpaid’, inter-alia for insufficiency of funds in the account […]

Standard of proof for rebutting presumption is that of preponderance of probabilities in Negotiable Instruments Act

January 3, 2023 8931 Views 0 comment Print

The Hon’ble Madras High Court held that it is settled law that in the case under Section 138 of NI Act Section 139 of NI Act provides that the Court shall presume that the holder of a cheque received the cheque of the nature referred into Section 138 of NI Act

Orissa VAT Dues of Company cannot be recovered from Directors: HC

January 3, 2023 300 Views 0 comment Print

Section 51 of the OVAT Act read with Rule 55 of the OVAT Rules provides a special mode of recovery of outstanding amount of tax, interest and penalty. Even these provisions do not authorize recovery of outstanding taxes of a Company from the accounts of its individual Directors.

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