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All High Courts

TP – ALP: Every Assessment Year is A Separate Unit, governed by its own peculiar facts

October 14, 2022 1980 Views 0 comment Print

Court is of the view that every Assessment Year is a separate unit which is governed by its own peculiar facts and difference of opinion between the parties, as to the appropriateness of one or the other methods to calculate arm’s length price, cannot per se be a ground for interference

Make West Bengal State Support for Industries Scheme, 2008 GST-compliant: HC

October 14, 2022 939 Views 0 comment Print

HC directs Department of Industry to take requisite steps to make West Bengal State Support Industries Scheme, 2008 GST-compliant within a period of 16 weeks

No penalty for Cash Loans from sister concerns to pay to labourers at remote place

October 14, 2022 519 Views 0 comment Print

Loans been taken by Assessee from a sister concern in cash to make payments to labourers at site. This was held to be a reasonable explanation

HC restore GST Registration despite delay in application for revocation/appeal

October 14, 2022 2130 Views 1 comment Print

Trans India Carco Carriers Vs The Assistant Commissioner (Circle) (Madras High Court) I have had an occasion to consider the identical issue that arises in these writ petitions, in a batch of writ petitions in W.P.Nos.10663 of 2022 etc. batch and I have passed the following order on 17.08.2022:- ‘All writ petitioners have challenged orders […]

Appeal e-filed timely cannot be set-aside for mere delay in certified physical copy submission

October 14, 2022 1695 Views 0 comment Print

G.G. Agencies Girijeshwar Rice Mill Vs State of Karnataka & Ors. (Karnataka High Court) High Court held that as long as the appeal was preferred electronically within the prescribed period, merely because the certified copy was subsequently filed physically by the petitioner / assessee, the said circumstance cannot be made the basis to come to […]

GST ITC refund Scam: HC grants Bail to Gurugram CA

October 13, 2022 6951 Views 0 comment Print

In the present case, he had been paid professional fee for uploading of the refund of Input Tax Credit. The petitioner and his co-accused Sunil Mahalawat were colleagues, as such the UDIN was borrowed by the petitioner from him for uploading and issuance of the CA certificate.

Addition of gift sustainable as nature of relationship with the donor not proved

October 13, 2022 1026 Views 0 comment Print

Madras High Court held that addition of gifts as undisclosed income sustainable as there was no acceptable explanation as to the nature of relationship the gift receiver had with the donor in the course of business transaction.

Bombay High Court grants Bail to Anil Deshmukh

October 13, 2022 1434 Views 0 comment Print

Bombay High Court in a bail application relating to money laundering matter held that the material on record does indicate that the Applicant has been suffering from multiple ailments. Further, the Applicant appears to have roots in society. The possibility of fleeing away from justice seems remote. Accordingly, bail granted

Inequitable or unfair advantage not adequate ground to allow interference to Arbitral Award

October 13, 2022 357 Views 0 comment Print

Madras High Court held that interference with Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of inequitable nature or unfair advantage not justified

Issuance of notice u/s 148A based on adequate information is tenable

October 13, 2022 2619 Views 0 comment Print

Orissa High Court held that notice issued u/.s 148A of the Income Tax Act clearly demonstrates that the Assessing Authority had in possession of information about deposit of cash in the banks and hence the same is tenable in law

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