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Bail granted in GST fraud case in absence of serious apprehension

August 31, 2022 2967 Views 0 comment Print

Punjab & Haryana High Court in GST fraud case granted the bail as no serious apprehension has been expressed by the prosecution of the petitioners being flight risks, or that they would tamper with the evidence or influence witnesses

GST Recovery proceedings initiation without notice is unsustainable

August 31, 2022 2985 Views 0 comment Print

HC Held that in the present case the department vide Form GST DRC-09 issued communication to the bank to recover the due from the petition u/s 79 without issuance of notice u/s 74(1) and without giving opportunity of being heard is not proper.

Section 148A Income Tax Notices are time barred for A.Y. 2017-18

August 31, 2022 10755 Views 0 comment Print

Section 148A notices of Income Tax are time barred for Assessment year (A.Y.) 2017-18, Rajasthan High Court Stays the operation of the Notice

Refund of service tax available as both service tax & GST paid on same transaction

August 30, 2022 798 Views 0 comment Print

Held that undisputedly the appellant has made payment of both service tax and also GST. Further, service tax invoices were subsequently cancelled by issuing credit note. Hence, refund of service tax available to the assessee.

Calcutta HC quashes Section 148A(d) order for AY 2014-2015

August 30, 2022 3561 Views 0 comment Print

Ved Prakash Mittal Vs Union of India (Calcutta High Court) By this writ petition, petitioner has challenged the impugned order under Section 148A(d) of the Income Tax Act, 1961 dated 29th July, 2022, relating to the assessment year 2014-2015 on the ground that the same being without jurisdiction and being barred by limitation since the […]

VAT Act cannot be amended after Introduction of GST Act, 2017

August 30, 2022 2568 Views 0 comment Print

Value Added Tax (VAT) Act Cannot Be Amended After  Introduction Of CGST Act, 2017  – State Tax Officer & Anr Vs. Baiju A.A (Kerala High Court)

Rajasthan HC stays Section 148 Income Tax Notice for AY 2014-15

August 30, 2022 3135 Views 0 comment Print

Hemant Gokhru vs. UOI & Ors (Rajasthan High Court) Learned Senior Counsel Shri Balia assisted by Shri Priyansh Arora submits that as per first proviso to Section 149 of the Income Tax Act, the impugned notice dated 22.7.2022 issued to the petitioner under Section 148 for the assessment year 2014-­2015 is without jurisdiction because it […]

Chuni is the by-product of Dal and not liable to entry tax

August 30, 2022 5610 Views 0 comment Print

Held that Chuni which is the by-product of Dal, it is one of the 16 ingredients into the making of cattle feed, and it is not the same thing as cattle feed. Chuni is not Cattle feed and therefore not amenable to Orissa Entry Tax Act, 1999.

Corruption Charges against CA based on retracted confessional statement untenable

August 30, 2022 3042 Views 0 comment Print

Held that record doesn’t disclose any independent material, accordingly charges under the Prevention of Corruption Act cannot be confirmed merely on the basis of the retracted confessional statement.

AO has taken view on a debatable issue after due enquiries- Section 263 cannot be invoked

August 29, 2022 1569 Views 0 comment Print

PCIT Vs Britannia Industries Limited (Calcutta High Court) The short issue involved in this case is whether the Commissioner could have invoked his power under Section 263 of the Act on the ground that the Assessing Officer did not conduct proper enquiry. We need not labour much to decide this issue as the learned Tribunal […]

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