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Order passed ex-parte in nature is bad in law

December 12, 2022 1449 Views 0 comment Print

Patna High Court held that the order, ex parte in nature, passed in violation of the principles of natural justice, is liable to be quashed and set aside.

Section 148A order/notice riddled with mistakes – HC directs AO to issue amended notice

December 12, 2022 1254 Views 0 comment Print

Vidisha Singhal Vs ITO (Delhi High Court) AO admits that the impugned order passed under Section 148A(d) of the Act is riddled with mistakes. He further admits that in the notice issued under Section 148A(b) of the Act, the details of the transactions allegedly carried out by the petitioner were not correct. He states that […]

Non-Communication of Order by Counsel is ‘Reasonable Cause’ to condone Delay In Filing Appeal

December 12, 2022 1185 Views 0 comment Print

Jamna Devi Vs ITO (Rajasthan High Court) The matter comes up for consideration of the application (CMCC No.97/2022) preferred under Section 5 of the Limitation Act on behalf of the appellant-assessee with a prayer to condone the delay of 1060 days caused in filing the present income tax appeal. Learned counsel for the appellant-assessee has […]

Directors cannot be prosecuted for cheques issued after they ceased to be Directors of Company

December 12, 2022 477 Views 0 comment Print

Sunita W/O Bharatkumar Aitawade Vs Vidya W/O Sagar Aitawade (Karnataka High Court) The cheque in question was issued on 01.08.2019. The petitioners, who were the Directors of the Company, ceased to be the Directors of the Company with effect from 22.03.2017 which is evident from the Form No.DIR-12 issued by Registrar of the Companies and the same […]

Provisional attachment under GST cease to have effect after a period of one year from date of order of attachment

December 12, 2022 594 Views 0 comment Print

The attachment as per Section 83(2) shall cease to have effect after a period of one year from date of order of attachment. Thus, pending writ petition, the impugned order has ceased to have effect, as on 15.09.2020.

Addition due to no submission on merits of case: HC gives Petitioner opportunity to file supplementary reply

December 12, 2022 207 Views 0 comment Print

Mittal International Vs ACIT (Delhi High Court) 1. Present writ petition has been filed challenging the impugned order passed under Section 148A(d) of the Income Tax Act, 1961 (for short ‘Act’) and notice issued under Section 148 of the Act, both dated 26th July, 2022 for the Assessment Year 2016-17. 2. Learned counsel for the […]

Reassessment Notice issued In Person instead of Faceless Manner: HC Stays Proceedings

December 12, 2022 1842 Views 0 comment Print

A scheme has been formulated whereunder issuance of notice under Section 148 of the IT Act has to be through automated allocation and in a faceless manner, whereas in the instant case, the aforesaid procedure has not been followed, rather the notice has been issued by a particular person and not in a face less manner.

Non-speaking order under GST is not valid: Calcutta HC

December 11, 2022 4872 Views 0 comment Print

Calcutta High Court in the case of Maxxcab Wires & Cables Pvt Ltd & Anr vs State Tax Officer held that the Non-speaking Order under Goods and Services Tax is not valid.

Mere E-Way Bill Expiry Does Not Establishes Intention to Evade Taxes

December 10, 2022 12048 Views 0 comment Print

Gujarat High Court in case of Shree Govind Alloys Pvt. Ltd. v. State of Gujarat held that mere expiry of e-way bill during transit of vehicle cannot be a valid ground for detention and seizure.

Mere error in filing Form GSTR-3B cannot deny refund under GST

December 10, 2022 3258 Views 2 comments Print

It was the specific case of Mr. Chandubhai Bhagwandas Patel wherein even though Form GSTR-1 for the month of August 2019 was correctly filed declaring all the relevant details qua outward supplies appropriately, refund of IGST paid upon export of goods was denied to the petitioner due to mistake being committed in Form GSTR-3B for the said month.

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