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All High Courts

Person, who’s case is based on falsehood, has no right to approach the court

January 1, 2023 1062 Views 0 comment Print

A person, who’s case is based on falsehood, has no right to approach the court. He can be summarily thrown out at any stage of the litigation.

ITC availment without actual receipt of goods – HC allowed bail to accused

January 1, 2023 882 Views 0 comment Print

Seeking grant of Regular bail – Firms availed ITC on the basis of invoices received without actual receipt of goods from 7 registered entities

Pendency of Rectification application – Immunity from prosecution & penalty – HC grants interim relief

December 31, 2022 2751 Views 0 comment Print

Kusharaj Madhav Bhandary Vs ITO (Bombay High Court) It is the case of the Petitioner that the Order of the assessment was passed on 30 March 2022, in which a demand was raised against the Petitioner. The said Order of assessment was not challenged by the Petitioner. With a view to seek benefit of immunity […]

Amount shown in 26AS only should be taken into consideration instead of TDS certificate: HC

December 31, 2022 4743 Views 0 comment Print

Whether the Learned Income Tax Appellate Tribunal erred in law in holding that the amount shown in 26AS only should be taken into consideration even when the TDS certificate indicates a higher receipt ?

Mere incorrect claim based on full disclosures cannot be reassessed after four years

December 31, 2022 1464 Views 0 comment Print

AO could have taxed the accrued income or re-opened the assessment within four years. A mere incorrect claim based on full disclosures cannot be reassessed after four years by invoking sections 147 and 148 of the IT act.

Tax from dealer/ manufacturer of motor vehicles based on total vehicles possessed and registered is ultra vires of OMVT Act

December 31, 2022 483 Views 0 comment Print

Orissa High Court held that circular dated 29th March 2016 issued by the Transport Commissioner-cum-Chairman, State Transport Authority is ultra vires of Odisha Motor Vehicles Taxation Act, 1975 OMVT Act and liable to be quashed. The circular directed to collect tax from the dealers/manufacturers of motor vehicles on the basis of total number of vehicles possessed and registered during the entire year by the dealer.

Gujarat HC set-aside Assessment order passed in violation of principles of natural justice

December 31, 2022 2052 Views 0 comment Print

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) No draft assessment along with show cause notice as required under section 144B(1) and section 144B(7) is given to the petitioner so as to enable the petitioner to give explanation for proposed addition during the hearing before the National Faceless Assessment Centre. Section 144B(1)(xii) […]

Facebook post of 2019 cannot be considered for Assessment of 2018

December 31, 2022 459 Views 0 comment Print

Syamaladasan Kumaran Vs State Tax Officer (Kerala High Court) A reading of order shows that the proceedings were initiated and continued against the petitioner on the basis of certain facebook posts which showed that the petitioner was dealing in branded rice. The contentions taken by the petitioner that the facebook post itself was of the […]

There is limited scope of challenging order of settlement commission

December 31, 2022 2688 Views 0 comment Print

Bombay High Court held that there is limited scope of challenging the order of the settlement commission. Order of settlement commission cannot be challenged as if the order passed under an ordinary adversarial adjudication or as if the appellate power is being exercised.

Failure to deposit amount for getting stay doesn’t result into invocation of section 179 of the Income Tax Act

December 31, 2022 564 Views 0 comment Print

Gujarat High Court held that provisions of section 179 of the Income Tax Act cannot be invoked simply because the directors of the private limited company have failed to deposit 20% of the demand raised in the assessment order to get stay from the appellate authority.

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