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All High Courts

SCN to be adjudicated within a reasonable time period for declaring it to be valid

October 26, 2022 4095 Views 0 comment Print

While issuing the Show-Cause notice, it was duty of Adjudicating Authority to take the said Show-Cause notice to its logical conclusion by adjudicating upon the said Show-Cause Notice within a reasonable period of time. Assessee could not be made to suffer on the gross delay on the part of the Respondent.

Collector cannot blacklist manpower service provider without hearing him properly

October 25, 2022 699 Views 0 comment Print

Mind Mart Vs State Of Odisha & Anr. (Orissa High Court) he core issue involved herein involving the impugned order involving the Petitioner has been blacklisted from providing manpower in respect of the Jajpur District if suffers on account of natural justice and further if based on justified ground ? Keeping in view the contentions […]

CESTAT must check That Notice Was Properly Served before Passing Order

October 25, 2022 1107 Views 0 comment Print

Dipali Electronics Pvt. Ltd Vs Union of India (Bombay High Court) In our view, when Petitioner has been accused of having played role in the procurement of electronic systems and parts for manufacture of automated teller machines and Petitioner has been imposed penalty of Rs.Seventy Five Lakhs under Section 112 of the Customs Act, 1962 […]

HC allows rectification of Mistake of GSTIN in bills of entries

October 25, 2022 2613 Views 0 comment Print

Hindustan Unilever Limited Vs Union of India And Ors (Bombay High Court) Petitioner is impugning an order dated 29th October 2021 passed by respondent no.3 rejecting petitioner’s application for amendment of the 13 bills of entry that petitioner had filed when importing certain goods. It is petitioner’s case that in the bills of entry as […]

No assessment can be framed against a non-existing entity or a dead person

October 25, 2022 2694 Views 0 comment Print

Vikrant Anthony Joseph Vs ITO (Gujarat High Court) Law is well settled that unless the heirs and legal representatives of the deceased assessee could be said to have been submitted to the jurisdiction of the assessing officer and have participated in the assessment or re-assessment proceedings, notice to the dead assessee and commencement of assessment […]

Section 14A not apply if no exempt income was received or receivable during relevant previous year

October 25, 2022 1446 Views 0 comment Print

PCIT  Vs Delhi International Airport Pvt. Ltd. (Delhi High Court)  present case is covered by the Division Bench judgment in Cheminvest Ltd. vs. CIT, [2015] 61 com 118 (Delhi), wherein this Court has held that the expression ‘does not form part of the total income’ in Section 14A of the Act means that there should […]

Incidental Interest Income eligible For section 10A Deduction

October 25, 2022 702 Views 0 comment Print

Whether ITAT erred in law in deleting addition as Income from Other Sources and holding it eligible for calculation of deduction under Sections 10A and 10B of Income Tax Act, 1961?

HC Quashed GST order passed without applying mind & considering records

October 25, 2022 2481 Views 0 comment Print

HC noted that this is one more case where respondents have passed such order under GST without applying its mind and without considering records.

HC quashed GST Assessment carried out by Investigating Officer who also Carried Out Search

October 25, 2022 2403 Views 0 comment Print

Swastik Plastics Vs Commissioner of DGST (Delhi High Court) 1. This writ petition came up for hearing for the first time on 05.04.2022, when after hearing the counsel for the parties, we had inter alia recorded the following: “2. This writ petition is directed against the order dated 11.03.2022, passed by the Assistant Commissioner, Delhi […]

Authority cancelling GST Registration must Indicate Reasons for the same in order

October 24, 2022 1362 Views 0 comment Print

Om Prakash Mishra Vs State of U.P (Allahabad High Court) A perusal of the Annexure no.2, makes it clear that no reasons whatsoever have been recorded while passing the order of cancellation of the registration of the petitioner’s firm. The order clearly being without any reason cannot be accepted to be an order in accordance […]

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