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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 […]

Voluntary statements cannot constitute pre-show cause notice consultation

June 20, 2022 792 Views 0 comment Print

Voluntary statements cannot constitute pre-show cause notice consultation as envisaged in the paragraph 5 of the 2017 Master Circular.

Meghalaya HC grants 2 Month moratorium for GST Payment to appellant

June 20, 2022 378 Views 0 comment Print

In view of the apparent damage to the petitioning assessee’s manufacturing facility, a moratorium for a period of two months is granted. That is to say that the payment that was due in April, 2022 will not be deemed to have been defaulted and the payment due in May, 2022 need not be paid by the 15th day of this month.

One Day Delay to reply SCN cannot led to closure of right to file a reply

June 20, 2022 750 Views 0 comment Print

Court is of the view that the delay of one day in asking for an adjournment should not have led to closure of the right to file a reply to the Show Cause Notice.

Reassessment quashed by HC for Non-Consideration of Objection

June 20, 2022 1224 Views 0 comment Print

Impugned order under clause (d) of Section 148A of the Act was issued on April 1, 2022 without taking the petitioner’s response to the initial notice into consideration.

Allowing short period to reply to SCN is violation of principle of natural justice

June 20, 2022 201 Views 0 comment Print

Puja Vs PCIT (Punjab and Haryana High Court) Mr. Vaibhav Gupta, Jr. Standing Counsel, accepts notice on behalf of respondent-Income Tax Department, and seeks time to file reply. Prima facie, the impugned order dt. 03.04.2022, passed under Section 148 (A)(d) of the Income Tax Act, 1961 appears to have been passed with regard to a […]

Witnesses cannot be relied if given deposition without reading the document

June 18, 2022 2877 Views 0 comment Print

The F.I.R. states the number of Santro car. Merely one of the witnesses has said that he has given the deposition by signing the document without reading and he was not much aware about which car has caused the accident, is not that much fatal.

Family pension available to transgender applicant: HC

June 18, 2022 1443 Views 0 comment Print

That the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992.

HC quashes section 148 Notice as Dept failed to give Minimum Time to Respond

June 18, 2022 2760 Views 0 comment Print

Shri Sai Co-Operative Thrift and Credit Society Ltd. Vs ITO (Delhi High Court) In the present case, though the petitioner responded to the show cause notice, yet it could not provide all the relevant details and documents, as the time period of three days to respond to the show cause notice was inadequate. Consequently, this […]

Arbitration & SARFAESI Act Proceedings can be Resorted Simultaneously

June 18, 2022 5760 Views 0 comment Print

Om Prakash Kumawat Vs Rekha Kumawat (Rajasthan High Court) In case of Indiabulls Housing Finance Limited , the Apex Court, after appreciating Sections 35 & 37 of the SARFAESI Act, held that arbitration proceedings and proceedings under the SARFAESI Act can be resorted to simultaneously Contention of learned counsel for the petitioners that in view […]

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