Calcutta High Court upholds ITAT decision, dismissing Income Tax Department’s appeal regarding share capital and premium addition for AY 2012-13.
Madras High Court held that search conducted by Directorate of Enforcement at Tamil Nadu State Marketing Corporation Ltd [TASMAC] under the Prevention of Money Laundering Act is lawful and cannot be termed as harassment.
This court is required to draw a balance between the right of the petitioner to travel abroad and also the right of the prosecution to duly prosecute the petitioner so as to prevent him from evading the trial.
Kerala High Court held that section 245C doesn’t prescribed any prior cut-off date for filing settlement application. Unadjudicated notice u/s. 153A/ 153C as on the date of application is the only requirement.
Telangana High Court held that granting registration under section 12A retrospectively is not permissible as cogent reasons not provided for belated filing of application for registration under section 12A. Accordingly, appeal dismissed.
Calcutta High Court directs refund of IGST paid by Sanjay Kumar Lohia, ruling a challan’s incorrect tax period entry should not deny a legitimate refund claim.
Madras High Court held that the scope of review being very limited, the review application is dismissed as there is no error apparent on the face of the impugned judgment. Writ petition disposed of, accordingly.
Madras High Court rules in favor of Enfinity Solar, quashing an assessment order due to the tax authorities’ failure to issue a mandatory draft assessment order after remand.
The central question before the High Court was: Can the department’s inaction on a pre-show cause notice under Section 74 effectively frustrate a taxpayer’s statutory right to opt for settlement under Section 128A, especially when such settlement is contingent upon the issuance of a formal notice under Section 73(1)?
The Allahabad High Court ruled that excess stock does not warrant proceedings under Section 130 of the CGST Act, affirming that Sections 73 and 74 apply. Orders were quashed, and refunds directed.
