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All High Courts

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.

AO needs to apply net profit rate as ordered by Tribunal

December 5, 2022 1155 Views 0 comment Print

Calcutta High Court directed the assessing officer to apply the net profit rate as ordered by the Tribunal to the entire receipts i.e. disclosed and undisclosed.

Invocation of writ jurisdiction under Article 226 against notice u/s 148 is untenable

December 5, 2022 1560 Views 0 comment Print

Delhi High Court held that the Income Tax Act, 1961 provides an able machinery for assessment/reassessment of tax, the Assessee is not permitted to abandon with the machinery and invoke writ jurisdiction of the High Court under Article 226 of the Constitution of India.

Punjab VAT Act doesn’t provide registration of FIR hence IPC provisions not invocable

December 5, 2022 1866 Views 0 comment Print

Punjab and Haryana High Court held that if a special provision has been made qua a particular subject (here Value Added Tax), the said subject is excluded from the general provisions (here, Indian Penal Code). Since the provisions of the VAT Act do not provide for the registration of the FIR and the said Act is a Code in itself, the provisions of the IPC also cannot be invoked.

Mechanism for blocking generation of e-way bill for seized/ confiscated liquor trucks needs to be developed

December 5, 2022 519 Views 0 comment Print

Patna High Court in liquor smuggling has directed the State Government in particular the State Tax Department to develop a mechanism in consultation with the GST Council to block the generation of E-way Bills with respect to such trucks which are seized and confiscated in the State of Bihar.

HC cannot be approached for protecting illegal occupation or unauthorised construction

December 4, 2022 9048 Views 0 comment Print

Himachal Pradesh High Court held that this court cannot be approached for protecting either the illegal occupation or unauthorized construction. Unauthorized construction, if it is illegal cannot be compounded and has to be demolished.

No satisfactory explanation for long delay in adjudication is untenable

December 4, 2022 2043 Views 0 comment Print

Bombay High Court held that there is no satisfactory explanation as to why from October 2014 till now no adjudication has taken place. Further, transfer of impugned notice to call book is also not informed to the petitioner. Hence, the same is against the principles of natural justice and liable to be quashed.

Rejection of disallowance offered u/s 14A after due application of mind is acceptable

December 3, 2022 1590 Views 0 comment Print

Delhi High Court held that rejection of basis adopted by the assessee of the disallowance offered under section 14A after due application of mind and considering the reply furnished by the assessee is acceptable

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