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HC Imposes Cost of Rs. 25,000 on petitioner for misuse of law by filing review petition

September 10, 2022 1482 Views 0 comment Print

Elora Tobacco Company Limited Vs Union of India of Indirect Taxes (Madhya Pradesh High Court) The present review petition is nothing but a misuse of the process of law and wasting valuable time of the court with the intention to take one more chance instead of approaching the Supreme Court of India. Hence, the review […]

GST Registration Cancellation Would Affect Interests of Revenue: Madras HC

September 10, 2022 1596 Views 0 comment Print

Tvl. Lucky Mydeen Briyani Vs Commissioner (Madras High Court) It is seen that the petitioner during the Covid-19 pandemic period had not filed his returns and thereafter, he had not conducted any business so that he filed only nil returns. Further this case is quite similar to the cases of the petitioners in Tvl.Suguna Cutpiece […]

Time limit for issue of section 149 notice is in respect of Section 148 & not for Section 148A

September 10, 2022 5193 Views 0 comment Print

Sylph Technologies Limited Vs Principal Chief Commissioner of Income Tax (Madhya Pradesh HC) The time limit for issue of notice under section 149 is in respect of Section 148 and not for Section 148A. 1. The AO had issued issued a notice dated 28.06.2021 under pre-amended sec. 148 of the  Income tax Act. 2. Later […]

Sec 148A(d) order quashed for AY 2018-2019 as reassessment proceedings initiated after 3 years

September 10, 2022 2259 Views 0 comment Print

Ekaksh Commerce Pvt Ltd Vs ITO (Calcutta High Court) By this writ petition, petitioner has challenged the impugned order dated 27th April, 2022 under Section 148A(d) of the Income Tax Act, 1961, relating to assessment year 2018-19 on the ground that the same being without jurisdiction and contrary to the provision of Section 149(1)(a) and […]

Detention order is to be passed by the jurisdictional assessing officer

September 10, 2022 1173 Views 0 comment Print

Held that if there is bona fide dispute, it is only the jurisdictional assessing officer to decide the issue and it is not by the Roving Squad Officers.

Objective of giving show cause notice is not an empty formality: HC

September 9, 2022 3840 Views 0 comment Print

Riddhi Siddhi Collection Vs Union of India and Ors (Bombay High Court) HC held that The objective of giving show cause notice is not an empty formality. The objective is to make the party aware of the case it has to meet. Thus time is given to respond to the same. The reduction of time […]

GST registration Cancellation: Extension of limitation – HC remands matter back to revenue

September 9, 2022 1218 Views 0 comment Print

Chenna Krishnama Charyulu Karampudi Vs Additional Commissioner Appeals (Telangana High Court) HC held that  Though the lower appellate authority may be right in holding that while it may allow filing of an appeal beyond the limitation of three months for a further period of one month, therefore, by extension of limitation beyond the extended period […]

Cancelled registration of GST can be restored by levying penalty

September 9, 2022 2316 Views 0 comment Print

Cancelled registration of GST can be restored by regularizing defaults vide levying penalty with gravity of lapses committed by petitioner by issuing notice 

HC dismisses plea of PWC CEO for Criminal Defamation

September 9, 2022 1326 Views 0 comment Print

Held that as there was no material on the basis of which Sessions Court could have summoned any of the accused. The summoning order was rightly set aside.

Bail granted in GST evasion case after considering various relevant factors

September 9, 2022 537 Views 0 comment Print

Bail granted after considering various factors like applicant already paid INR 54.09 Crores; the amount of INR 196,57,02,539/- is already seized by the department; applicant has already spent more than 8 months in jail; applicant has not previous criminal history; etc.

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