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All High Courts

Assessee needs to demonstrate that their case is covered within ambit of any settled judgement

December 7, 2022 1290 Views 0 comment Print

Madras High Court held that Supreme Court in the case of State of West Bengal vs. Calcutta Club Limited concluded that sales tax is not payable on any sale of goods in the form of food, refreshments and drinks including liquors by the club to its permanent members. However, petitioner needs to demonstrate that their case comes within the ambit of said judgement.

Reopening of assessment without fresh material is unsustainable

December 7, 2022 1200 Views 0 comment Print

Delhi High Court held that addition on the basis of single seized document is unsustainable as no fresh material was taken into account by the AO for reopening the assessment under Section 147 of the Act.

Order cancelling GST registration without notice in Form REG-17 is unsustainable

December 7, 2022 1311 Views 0 comment Print

Kerala High Court held that issuance of order cancelling GST registration without issuance of show cause notice in form REG-17 is unjustified. Matter remanded to complete the necessary proceedings.

Adjudication of liability by settlement commission after concluding that there is no true & fair disclosure of facts is unsustainable

December 7, 2022 762 Views 0 comment Print

Delhi High Court held that once the settlement commission concludes that there has been no true and fair disclosure of facts, the settlement commission cannot proceed to adjudicate the liability.

Person discharged/ acquitted of scheduled offence there can be no offence of money-laundering as well

December 7, 2022 858 Views 0 comment Print

Madras High Court held that if the person is discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of money-laundering against him.

Issuance of order u/s 148 without granting opportunity of personal hearing is untenable

December 6, 2022 2556 Views 0 comment Print

Kerala High Court held that before proceeding to issuance of notice u/s 148 of the Income Tax Act, the procedure contemplated u/s 148A needs to be complied. Matter remanded as opportunity for personal hearing not afforded before issuance of order.

Delay in filing of appeal not justified as notice and order duly communicated

December 6, 2022 2202 Views 0 comment Print

Madhya Pradesh High Court held that show cause notice and order of cancellation of registration duly communicated to the registered person. Hence, filing of belated appeal under section 107 of the GST Act is not condonable.

Section 263 revision not valid for duly explained cash payment exceeding threshold limit to AO with documents

December 6, 2022 672 Views 0 comment Print

PCIT Vs Shukla Dairy Pvt. Ltd. (Gujarat High Court) We note that during the assessment proceedings, assesses had submitted before assessing officer (AO), the cash payment register and explained each of the item of proposed addition as per show cause notice of assessing officer. The cash payment register, which is placed at paper book page […]

Issuance of revised Form-3 for re-examination is contrary to Section 128 of said scheme

December 6, 2022 858 Views 0 comment Print

ACNielsen Research Services Pvt. Ltd. Vs. Union of India (Bombay High Court) The petitioner had an appeal pending before the Hon’ble CESTAT. The petitioner has deposited a sum for the said appeal. The petitioner availed benefit of SVLDR Scheme. It filed SVLDRS Form 1. Form 3 was issued. It paid the directed sum in time. […]

Bail application rejected as other co-accused application already rejected

December 5, 2022 1416 Views 0 comment Print

Allahabad High Court rejected the bail application as 482 applications filed by other co-accused have already been rejected. Further, the said application is also rejection in absence of merit and substance.

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