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HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016

January 2, 2023 750 Views 0 comment Print

Brightcareer Consultancy Services Pvt. Ltd. Vs Union of India (Bombay High Court) HC quashed proceedings under Benami Transactions (Prohibition) Amendment Act, 2016 for transactions prior to 25-10-2016 1. The petitioner in the present case, apart from challenging the constitutional validity of the provisions of the Benami Transactions (Prohibition) Amendment Act, 2016, has also challenged the […]

Comparison by AO between qualitatively different agreements with completely different terms not appropriate

January 2, 2023 507 Views 0 comment Print

I hold that the comparison by the assessing officer between qualitatively different agreements with completely different terms and conditions was not appropriate.

Seller cannot be penalised for mentioning the quantity of goods in pieces instead of weight

January 2, 2023 975 Views 0 comment Print

HC held that mere selling of batteries by piece instead by weight does not make seller liable to be penalised under CGST Act, 2017

GST: HC Quashes One Liner Cryptic Order passed in violation of Section 74

January 2, 2023 315 Views 0 comment Print

Vinayaka Steels Vs State Tax Officer (Madras High Court) it was incumbent upon the authority under Section 74 of the Goods and Services Tax Act, 2017 to have heard the petitioner in person, prior to passing of the impugned order. That apart, the impugned order rejects the explanation tendered by the petitioner vide reply dated […]

Ex parte order- HC directs Appellate Authority to reconsider appeal of petitioner on merits

January 2, 2023 1614 Views 0 comment Print

Gaurav Trading Company Vs State of U.P. (Allahabad High Court) This Court finds that by ex parte order the first appeal filed by the petitioner has been dismissed as he has failed to appear before the authority on 6.4.2021, 24.9.2021 and 2.11.2021. Taking a lenient view, this Court directs the Appellate Authority to reconsider the […]

Section 54F exemption allowed despite non-completion of construction as assessee invested the entire net consideration

January 2, 2023 960 Views 0 comment Print

CIT Vs Sardarmal Kothari (Madras High Court) There is no dispute about the fact that the assessees have invested the entire net consideration of sale of capital asset in the land itself and subsequently the assessees have invested large sums of money in the construction of the house. The cost of investment in land and […]

HC quashes sketchy & non-speaking GST order passed without considering reply of Appellant

January 2, 2023 732 Views 0 comment Print

It is clear on the face of the record that the officer did not consider the detailed reply submitted on behalf of the petitioner while passing the impugned orders which are sketchy and non-speaking on the face of it.

HC set-aside scrutiny assessment carried out without Prior approval of CCIT/DGIT

January 2, 2023 927 Views 0 comment Print

CBDT had issued guidelines dated 10th September, 2011 mandating prior approval of the CCIT for scrutiny assessment and in the present case that was not obtained.

Scholarship cannot be denied merely for filing ITR instead of Income Certificate

January 2, 2023 4413 Views 0 comment Print

A mere discrepancy in filing the Income Tax Return instead of the Income Certificate, despite the two documents evidencing the same parameters of income requirements, cannot lead to a situation where an eligible meritorious candidate is deprived of the scholarship.

HC quashes order Cancelling GST registration without giving Reasons

January 2, 2023 480 Views 0 comment Print

Not only the 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 as it entails penal and pecuniary consequences.

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