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All High Courts

VAT at higher Rate cannot be levied if no star categorisation by Ministry of Tourism: Rajasthan HC

July 24, 2022 1317 Views 0 comment Print

Rajasthan HC turned down Levy of VAT at higher rate by department on Food served in Restaurants (which obtained liquor licence as per 3 Star or above category hotels)

Vivad Se Vishwas Scheme: Revised declaration cannot be filed after acceptance of declaration by Designated Authority

July 24, 2022 2403 Views 0 comment Print

After acceptance of declaration by Designated Authority by issue certificate under Vivad Se Vishwas Scheme, revised declaration cannot be filed

Violation of principles of natural justice – If basis of reopening not furnished: HC

July 23, 2022 1455 Views 0 comment Print

Court is convinced that there has been violation of principles of natural justice inasmuch as the appellant was not furnished with full information based on which the assessment was sought to be reopened.

Revenue not permitted to take a contradictory stand before HC

July 22, 2022 1194 Views 0 comment Print

CIT Vs Bangalore Metro Rail Corporation Ltd. (Karnataka High Court) Specific case of the Revenue before the ITAT is that the Contract is a composite one. Shri. Chaitanya is right in his submission that the dominant purpose of the Contract is supply of the passenger rolling stock. Thus, having taken a specific stand before the […]

HC Sets Aside Section 148/148A Notice on Grounds of Change of Opinion

July 22, 2022 2469 Views 0 comment Print

Seema Gupta Vs ITO (Delhi High Court) Present writ petition has been filed challenging the order dated 30th June, 2022 passed under Section 148A(d) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) and the consequential notice dated 30th June, 2022 issued under Section 148 of the Act for the Assessment Year […]

Electricity generated from Waste Gas cannot be classified HSN 2716

July 22, 2022 1158 Views 0 comment Print

HC held that electricity generated from Waste Gas cannot be classified under chapter heading 2716 and hence, cannot be said to be exempted goods, since not excisable goods so as to warrant reversal of credit

Transfer of land to developer via JDA not covered under wealth tax

July 22, 2022 1026 Views 0 comment Print

Held that appellant has transferred the land to the developer through JDA and the developer had power to alienate their portion of property. Accordingly, property so transferred is not subject to wealth tax.

Place of supply is location of service receiver when services are supplied to foreign telecom operators

July 22, 2022 1308 Views 0 comment Print

Held that services are supplied to Foreign Telecom Operators and hence place of supply of service will be location of service receiver as per section 13(2). Provisions of section 13(3)(b) are not attracted as the services are not provided to the individual.

Amendment of Section 14A For Removal of Doubts Is Held to Be Prospective Subject to Final Decision by SC

July 22, 2022 3426 Views 0 comment Print

Delhi high court negating dept stand about  retrospective amendment plea for sec 14A explanation added by finance act 2022 in authors opinion it should  ably address the much created confusion from revenue side.

Petition admitted which challenged issuance of two adjudication order against single notice

July 22, 2022 441 Views 0 comment Print

Delhi High Court admitted a petition through which two adjudication orders based on a single show cause notice was challenged. Also held that no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.

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