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All High Courts

Challenge to re-assessment proceeding before disposal of objection not maintainable: HC

June 21, 2022 429 Views 0 comment Print

Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court) Undisputedly, in view of the decision of the Supreme Court as regularly followed by this Court by way of procedural principle, the Court does not directly entertain the challenge to re-assessment proceeding before disposal of the objection filed by the assessee to the initiation of such […]

Bogus Purchase: AO cannot reject reply without recording satisfaction

June 21, 2022 2538 Views 0 comment Print

ITAT held that A transaction of purchase and a transaction of sale are two different transactions in two opposite directions. If the allegation is that bogus purchases were made and the reply given thereof is that no such purchases were made, but in fact it was a sale by the assessee, it was for the Income Tax officials to apply their own mind on the reply given by the petitioner.

HC Quashes Cryptic unreasoned order of three line

June 20, 2022 3606 Views 0 comment Print

HC was not satisfied with cryptic unreasoned order three line order Passed by AO and Therefore, quashed and set aside the assessment order

Compensation cannot be denied merely because of delay

June 20, 2022 5595 Views 0 comment Print

Ajet Ali Baidya Alias Ajet Baidya And Others Vs The State of West Bengal And Others (Calcutta High Court) Right to property is a valuable right flowing from Article 300A of the Constitution of India, merely on the ground of delay, the State cannot deny its obligation to compensate the petitioners. Facts- The writ petitioners prayed […]

Release of passport not possible on account of lookout circular

June 20, 2022 1371 Views 0 comment Print

Deputy Director of Income Tax Vs  Bhavya Bishnoi & Ors. (Delhi High Court) Application to release passport under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 dismissed on account of Lookout Circular issued against the applicant. Facts- This application has been filed by Mr. Kuldeep Bishnoi, father of the respondent […]

Licensing of software not taxable in India as royalty

June 20, 2022 2805 Views 0 comment Print

CIT Vs Microsoft Corporation (Delhi High Court) The amounts paid by resident Indian end-users/distributors to non­resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to […]

Gauhati High Court Imposes Cost Rs. 2 Lacs Maharashtra Police

June 20, 2022 969 Views 0 comment Print

Dharampal Satyapal Ltd. Vs State of Maharashtra (Gauhati High Court) The provision of Section 41 and 42 of the FSS Act, make special provision as regard how investigation needs to be carried out whenever there is a reasonable doubt about commission of the offence relating to food item by the authority. Section 41 prescribes that […]

HC quashed order passed in haste in violation of principle of natural justice

June 20, 2022 2004 Views 0 comment Print

Court is of the view that the impugned order under Section 148A(d) of the Act has been passed in great haste and in gross violation of principle of natural justice as the Petitioner was not given reasonable time to file a reply.

Section 148A notice not tenable for matter falling under Section 153C

June 20, 2022 2655 Views 0 comment Print

Pradeep Kumar Varshney Vs ITO (Delhi High Court) Learned counsel for the Petitioner states that in the present case notice under Section 148A is not warranted as it is a case of Section 153C of the Act to which proviso (c) of Section 148A applies. In response to a pointed query, Mr. Sunil Agarwal, learned […]

HC orders refund of demand adjusted in excess of 20% of disputed tax demands

June 20, 2022 1719 Views 0 comment Print

Goel Road Carriers Private Limited Vs ACIT (Delhi High Court) HC noted the fact that refund has been adjusted against the outstanding tax demand by the Authority without following the due procedure prescribed under Section 245 inasmuch as no notice or opportunity of pre-decisional hearing had been provided to the petitioner prior to such adjustment […]

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