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All High Courts

Reassessment Proceedings against dissolved Company – HC directs Petitioner to raise objections before AO

July 31, 2022 537 Views 0 comment Print

Omansh Properties Private Limited Vs Central Board of Direct Taxes (Delhi High Court) 1. Present application has been filed on behalf of the Petitioner seeking clarification of the order dated 19th January, 2022 passed by this Court to the effect that the impugned notice dated 20th April, 2021 issued under Section 148 of the Income […]

Bhushan Steel Stock Audit Negligence case : Another CA gets Bail

July 31, 2022 2178 Views 0 comment Print

Pankaj Mahajan Vs Serious Fraud Investigation Office (Delhi High Court) The role of the petitioner a practicing Chartered Accountant is that of the Stock Auditor wherein the Stock verifications of the documents and statements as submitted by the Company to the Banks was carried out by the accused. The main accusations against him are that […]

TCS not applicable on Timber sawn into logs of different dimensions & shapes

July 31, 2022 16188 Views 0 comment Print

PCIT (TDS) Vs Nirmal Kumar Kejriwal (Calcutta High Court) The first objection raised by the assessee was that the tax collected at source is applicable on raw timber which mean timber logs that is obtained from the forest produce. Apart from that they had stated that they were trading in processed wood which are imported […]

Power under Section 148 not excluded due to exercise of appellate jurisdiction

July 31, 2022 1266 Views 0 comment Print

Sunil Jain Vs Income Tax Department (Delhi High Court) HC Court is also of the opinion that just because the Appellate Authority has the power to modify an assessment order with regard to a source of income that has not been considered during assessment proceedings does not mean that the jurisdiction of the authorities under […]

Arbitral award set aside as awarded without any basis

July 30, 2022 621 Views 0 comment Print

Held that an arbitral award awarded without any basis and also without adjudication of the claims is unsustainable in law.

GST demand Recovery before Expiry of Time to file Appeal is Violation of Law

July 30, 2022 2847 Views 0 comment Print

GST demand Recovery without giving any opportunity to petitioner to file statutory appeal which is mandatory before initiating any recovery proceeding is clear violation of Section 78 of GST Act.

GST: HC set aside SCN as taxable turnover was below threshold limit

July 30, 2022 726 Views 0 comment Print

Kishore Kumar Arora Vs Union of India (Delhi High Court) Based on the material placed on record, it would have to be concluded that the taxable turnover of the petitioner was Rs. 15,28,468/-, which, as noticed above, is below the threshold limit of Rs. 20,00,000/- fixed for tobacco products. We are, therefore, inclined to agree […]

HC dismisses petition claiming ownership of cash seized by Enforcement Directorate

July 30, 2022 435 Views 0 comment Print

Renu Devi Banka Vs Union of India (Calcutta High Court) By this writ petition, petitioners have challenged the impugned show-cause-notice dated 3rd February, 2022 issued by the Special Director, Directorate of Enforcement, Adjudicating Authority, Chandigarh, against the 24 persons who are third parties/ noticees and none of them are the petitioners in this Writ Petition […]

GST: No penalty for vehicle movement in wrong direction due to Human Error

July 30, 2022 7635 Views 0 comment Print

There may be chances of diversion that might have taken place due to human error and it cannot be definitely concluded that diversion was deliberate

HC lifts Bank Attachment for Payment of admitted interest on GST

July 30, 2022 867 Views 0 comment Print

Orissa Stevedores Ltd. Vs Union of India (Orissa High Court) In view of submission made by the learned Senior Counsel that since all the bank accounts have been seized and the Petitioner is unable to operate, it is not possible to deposit the entire admitted interest at one go. Therefore, he prayed for lifting forthwith […]

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