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Withdrawal request in writ of declaration allowed

December 26, 2022 1794 Views 0 comment Print

Madras High Court has allowed withdrawal request of the petitioner in the Writ of Declaration filed in order to declare the demand order issued against the petitioner quashed in view of the resolution plan

Ex-parte order passed violating principles of natural justice is bad in law

December 26, 2022 1926 Views 0 comment Print

Patna High Court held that ex parte order passed without assigning any reasons sufficient even decipherable from the record is liable to be set aside as passed in violation of the principles of natural justice.

Refund of IGST & Duty drawback cannot be withheld for pending investigation

December 26, 2022 1170 Views 0 comment Print

R. K. Copper and Alloy LLP Vs Union of India (Bombay High Court) Applications for refund of IGST and duty drawback on export of Goods. However, on the ground that some investigation is pending, the applications were not processed. The Hon’ble High Court referred to Circular dated 23/01/2020, Press release dated 29/10/2017 and Circular No. […]

Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

December 26, 2022 1329 Views 0 comment Print

Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes Act, 1947, and the court’s decision.

Assessee allowed to take reimbursement of additional GST liability on contract/work order awarded in pre-GST regime

December 26, 2022 1761 Views 0 comment Print

HC allowed petition filed by assessee to seek reimbursement of additional tax liability on implementation of GST law for contracts and work orders which had been executed before GST regime.

Tax authorities can initiate afresh proceeding if earlier proceeding was invalid

December 26, 2022 1746 Views 0 comment Print

Calcutta High Court held that Income Tax authorities can initiate afresh proceedings if the previous proceeding were invalid as per law.

HC quashed section 148 notice issued more than six years after the end of relevant AY

December 26, 2022 4665 Views 0 comment Print

Stalco Consultancy & Systems Private Limited Vs PCIT (Orissa High Court) HC relied on the Supreme Court judgment in Union of India v. Ashish Agarwal and quashed notices under Section 148 of the Act which were issued prior to 1st April, 2021 but beyond the period of six years after the expiry of the relevant […]

HC upheld section 68 addition as Assessee failed to prove 3 conditions

December 26, 2022 1557 Views 0 comment Print

Considering the provision of Section 68 that the assessee has to prove three conditions i.e. (i) identity of the creditor; (2) capacity of such creditor to advance money; and (iii) genuineness of the transactions. If all the aforesaid three conditions are proved, the burden shifts on the revenue to prove that the amount belong to the assessee. However, the assessee cannot be asked to prove source of source or the origin of origin.

Rejection of GST registration solely for delay in moving revocation application, is not sustainable

December 26, 2022 792 Views 0 comment Print

Umesh Kumar Vs State Of U.P. And 3 Others (Allahabad High Court) The purpose of inserting the provision under Rule 23 of GST Rules, 2017 as to service of notice upon the assessee is to provide an opportunity to him to move a revocation application so as to save the registration from being cancelled permanently […]

Addition for LTCG on Sale of Penny Stock without Cogent evidence is invalid

December 26, 2022 1767 Views 0 comment Print

PCIT Vs Karuna Garg (Delhi High Court) PCIT states that ITAT has erred in deleting the additions on account of bogus Long-Term Capital Gain on sale of penny stock company namely M/s Goldline International Finvest Ltd. on the ground that the assessing officer has not made independent enquiry. ITAT held that In the absence of […]

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