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All High Courts

No scope of tax evasion merely on account of expiry of e-way bill

December 27, 2022 3966 Views 0 comment Print

Madras High Court held that the expiry of e-way bill doesn’t create any scope of tax evasion Accordingly there can be no revenue loss in absence of tax evasion Only penalty up to INR 5000 can be levied.

Rejection of appeal due to delay of one day is a hyper technical & pedantic view

December 27, 2022 1926 Views 0 comment Print

HC Held that, rejection of appeal merely because of delay of one day is such a hyper technical and pedantic view of the matter to hold that even the delay of one day would be fatal to the maintainability of the appeal.

Deduction u/s 80IB(10) available as residential unit’s area is less than 1000 sq. ft.

December 27, 2022 1905 Views 0 comment Print

Bombay High Court held that revenue failed to establish that the area of residential units was more than 1000 sq. ft. accordingly deduction under section 80IB(10) of the Income Tax Act duly available.

Corporate Social Responsibility expenditure is allowable deduction u/s 37

December 27, 2022 3441 Views 0 comment Print

Delhi High Court held that Explanation 2 was inserted in Section 37 via Finance (No.2) Act, 2004 and is effective from 01.04.2015 [from Assessment Year 2015-2016 onwards] Accordingly expenditure incurred towards Corporate Social Responsibility is allowable as deduction u/s 37 of the Income Tax Act.

Opportunity of hearing must be provided to assessee before passing of an order

December 27, 2022 1236 Views 0 comment Print

HC set aside order confirming excess claim of ITC) passed by Assistant Commissioner (ST) on the ground that the Petitioner was not granted fair opportunity of hearing.

Fraud by Pretending as ITO – HC grant bail to accused

December 26, 2022 909 Views 0 comment Print

As per prosecution case, some unknown persons entered into the house of the informant and told that they are Income Tax Officials and thereafter they started searching his house. The accused persons took away rupees twenty lacs alongwith gold jwellery.

Rejection of claim of input tax credit on cryptic finding is untenable

December 26, 2022 1752 Views 0 comment Print

Allahabad High Court held that rejection of claim of input tax credit on cryptic findings cannot be sustained. Accordingly, matter remanded to first Appellate Authority to record specific finding.

Reassessment Notice issued without following section 148A Provision is invalid

December 26, 2022 1962 Views 0 comment Print

HC held that it is clear that there is no record to suggest that the procedure contemplated u/s 148A of the Act were followed before issuing notice under Section 148

HC quashed section 148 notice for AY 2013-14 issued after six years

December 26, 2022 6261 Views 0 comment Print

Notice under Section 148 of the Act pertaining to the Assessment Year (AY) 2013-14 was issued on 30th March 2021, i.e., prior to 1st April 2021. Also, it was beyond the period of six years after the expiry of the AY in question

HC allows transition of CENVAT Credit by Input Service Distributor (ISD)

December 26, 2022 3606 Views 0 comment Print

Explore Apar Industries vs Union of India case in Bombay High Court. Petition on transition and distribution of CENVAT Credit. Key details and court directives.

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