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All High Courts

Allahabad HC imposed Cost of Rs. 50 Lakh on Department for creating illegal Income Tax demand

August 17, 2022 22752 Views 1 comment Print

Allahabad HC quashed Income Tax reassessment Order notices for violating principle of natural justice & imposed Rs. 50 Lakh cost on Officers

There has to be neutrality in arbitrator selection process

August 16, 2022 1722 Views 0 comment Print

Held that law mandates neutrality for both arbitrator and arbitrator selection process. Interim award passed by the arbitration who was appointed in contravention of provisions is unenforceable.

Principle of lifting corporate veil cannot be invoked without opportunity of being heard

August 16, 2022 1380 Views 0 comment Print

Held that principle of lifting the corporate veil was invoked without giving an opportunity of being heard violates the principles of nature justice and hence untenable

Appeal can be filed by person opting to make payment of tax & penalty on detention/seizure

August 16, 2022 5283 Views 0 comment Print

Held that person seeking to make payment of tax and penalty u/s. 129(1)(a) of the CGST Act cannot be deprived from filing an appeal u/s 107

Affiliation fee collected by university is outside the purview of service tax

August 16, 2022 1767 Views 0 comment Print

Held that services being provided by the University by collecting affiliation fee has to be considered as the service by way of education. Accordingly, exempt from service tax as per clause (l) of section 66D.

Enhancement of Demand beyond Scope of Show Cause Notice Not Sustainable

August 16, 2022 1974 Views 0 comment Print

If authority intend to add interest and penalty on amount fixed in SCN, separate notices ought to have been issued to for the said demand

GST Transitional Credit: SC allows any aggrieved registered assessee

August 16, 2022 993 Views 0 comment Print

SC in case of Filco Trade Centre Pvt. Ltd. allowed ‘any aggrieved registered assessee’ to file a form seeking Transitional credit or revision thereof

There is no need to file separate claim for Income Tax refund

August 16, 2022 2250 Views 0 comment Print

Assessee need not file any separate claim for Income Tax refund as same is deemed to incorporated in return filed by assessee itself

Electronic Credit Ledger cannot be debited when appeal Already been Filed

August 16, 2022 624 Views 0 comment Print

S. D. Enterprises Vs Assistant Commissioner (Calcutta High Court) Petitioner submits that since the petitioner has approached the appellate authority under the statute and has complied with the provisions regarding deposit of a portion of the disputed amount of tax, the respondent authorities could not have debited the aforesaid amount from the electronic credit ledger […]

Interest payable on refund of money deposited by Assessee upon re-computation by Revenue

August 14, 2022 3153 Views 0 comment Print

Assessee found entitled to refund of money deposited by it upon re-computation by Revenue & interest thereon is liable to be paid under Section 244A(1)(b)

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