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All High Courts

E-commerce intermediaries not liable for goods put up for sale on their platform

November 3, 2022 3663 Views 0 comment Print

Allahabad High Court held that e-commerce intermediary i.e. Flipkart is not liable for the goods put up for the sale by the seller on its platform. Such e-commerce networks are exempted from liability under the I.T. Act, 2000.

Service tax leviable on supply of bed rolls to Railways

November 3, 2022 1071 Views 0 comment Print

Madras High Court held that service of supply of bed rolls alone for the passengers travelling in AC compartments to Railways cannot be construed as services provided by the Railways and hence service tax is duly payable on the same.

Bail allowed to GST Accused for fraudulent availing of Input Tax Credit amounted to Rs 10.71 Cr

November 3, 2022 1095 Views 0 comment Print

Gujarat High Court had recently, while deciding upon an application filed under section 439 of the Code of Criminal Procedure, granted bail to a GST accused for fraudulently availing input tax credit worth Rs 10.71 crores, in respect of fiction transactions amounting to Rs 59.55 cores as the department already had sufficient time to investigate their claim and to gather evidence, which they had alleged were in connection with fraudulent claim of Input Tax Credit and alleged evasion.

Capitalisation of expenditure in real estate companies not permissible without dispute of genuineness of the same as it is revenue neutral

November 3, 2022 2220 Views 0 comment Print

CIT Vs Somnath Buildtech Pvt. Ltd. (Delhi High Court) The Revenue in these proceedings admits to the genuineness of the expenditure. There is also no dispute that the Assessee is bound to draw up its Profit and Loss account and balance sheet in compliance with the accounting standards of the ICAI. The learned counsel for […]

Section 148A(d) Order without considering responses of petitioner is invalid

November 3, 2022 5502 Views 0 comment Print

Ratnagiri Gas And Power Private Limited Vs ACIT (Delhi High Court) A perusal of the paper book reveals that the petitioner’s responses dated 13th June, 2022, and 30th June, 2022, have not been considered by the AO while passing the impugned order under Section 148A(d) of the Act. 11. Consequently, the impugned order passed under […]

Re-assessment proceedings against non-existent entity – HC remands matter back to AO

November 3, 2022 531 Views 0 comment Print

Re-assessment proceedings were sought to be initiated against a non-existent company as it had amalgamated with Petitioner and income of assessee had already been accounted for in books of accounts of Petitioner.

Impugned order quashed for want of proper notice

November 2, 2022 1851 Views 0 comment Print

Chhattisgarh High Court held that impugned order is not sustainable as Show Cause Notice under Section 49 (3) is not stated to be issued nor placed on record by learned counsel for the State.

Sub-leasing of container amounts to deemed sale and hence service tax not leviable

November 2, 2022 1593 Views 1 comment Print

Bombay High Court held that sub-leasing of containers by original lessee to another lessee wherein, possession and control is transferred, the same amount to deemed sale within the meaning of Article 336(29A)(d) of the Constitution of India and hence service tax not leviable.

Maximum fine for commission of offence u/s 138 of NI Act is twice the amount of cheque

November 2, 2022 14841 Views 0 comment Print

Kerala High Court held that statutory provision with regard to punishment provided for commission of offence u/s 138 of Negotiable Instrument Act, 1881 is clear that the maximum fine shall be twice the amount of the cheque and nothing more

EPF will be applicable even when wages are paid to employee via contractor

November 2, 2022 6987 Views 0 comment Print

Karnataka High Court held that any person who is paid wages by the employer would become an employee under the EPF Act whether the said payment is done directly or through a contractor and accordingly EPF would be applicable.

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