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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

Foreseen resale of capital investment doesn’t lose its capital nature

October 13, 2022 360 Views 0 comment Print

Calcutta High Court held that the capital investment and resale do not lose their capital nature merely because the resale was foreseen and contemplated when the investment was made.

HC grants Bail to CA/Insolvency Professional in alleged bribery case

October 13, 2022 1206 Views 0 comment Print

Petitioner is a Chartered Accountant by profession and after passing the examination, he became eligible to be appointed as an Insolvency Professional by the Committee of Creditors under Section 3(19) of IBC, 2016 for handling the companies under liquidation.

HC allows delayed filing of appeal against GST Registration cancellation order

October 13, 2022 3693 Views 0 comment Print

Poonamchand Saran Vs Union of India (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within thirty days which can be extended by a further period of 30 days. The petitioner Poonamchand Saran filed the e-appeal in time but could not submit the hard-copy. On the […]

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 3471 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

Parallel GST Proceedings by different Wings of Same department for same Period not Permissible

October 13, 2022 4497 Views 0 comment Print

R. P. Buildcon Private Limited & ANr. Vs Superintendent, CGST & CX (Calcutta High Court) As could be seen from the records placed before this Court, we find that three wings of the same department are proceeding against the appellants for the very same period, i.e. financial years 2017- 2018, 2018-2019 and 2019-2020. The learned […]

Section 21 of Arbitration Act Must be complied with before Invoking Court’s Jurisdiction

October 13, 2022 18927 Views 0 comment Print

West Bengal Power Development Corporation Limited Vs Sical Mining Limited (Calcutta High Court) In this case application under Section 11 of Arbitration and Conciliation Act, 1996 has been filed to appoint the sole arbitrator to decide the dispute between the parties. Learned Counsel for the respondent has raised an objection that no notice making a […]

Denial of ITC due to cancellation of registration of supplier of goods with retrospective effect

October 12, 2022 9729 Views 0 comment Print

ACIT Vs LGW Industries Limited & ors. (Calcutta High Court) Hon’ble Division Bench of Calcutta high Court has dismissed the appeal of the department vide its judgment dated 16th September, 2022 in a dispute relating to denial of Input Tax credit due to cancellation of registration of supplier of goods with retrospective effect. Hon’ble single […]

Look Out Circular unjustified in absence of adverse effect on economic interest of India

October 12, 2022 3864 Views 0 comment Print

Punjab and Haryana High Court held that as there is no adverse effect on the economic interest of India, recourse couldnt be taken for coercive process like issuance of Look Out Circular (LOC) interfering with the constitutional right to travel abroad.

Section 263 revision quashable if assessee duly produced all necessary details: HC

October 11, 2022 936 Views 0 comment Print

It appears that after completing the assessment the assessing officer addressed the PCIT stating that certain error has occurred in the assessment order and requested him to review the order under section 263 of the Act.

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