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All High Courts

Invocation of article 226 illegal for examination of factual-matrix

June 14, 2022 1005 Views 0 comment Print

S K Srivastava Vs Central Board of Direct Taxes (Delhi High Court) The Income Tax Act, 1961 provides complete machinery for the assessment/ reassessment of tax, imposition of penalty and for obtaining relief with respect to an improper order. One ought to not abandon this machinery and invoke the jurisdiction of the High Court u/A […]

Credit of service tax paid, post GST, available u/s 140(1)

June 14, 2022 1281 Views 0 comment Print

The Commissioner of Goods and Services Tax Vs Amrit Cement Limited (Meghalaya High Court) The eligibility or entitlement to obtain cenvat credit, in terms of Section 140(1) of the Act of 2017, is based on whether the matter is reflected in the return which is filed as per the existing law in the manner prescribed; […]

Rent Control Act protects both landlords and tenants

June 14, 2022 4116 Views 0 comment Print

Mangal Das son of late Shri Asandas Vs Amar Singh Son of Shri Moolchand Chauhan (Rajasthan High Court) The basic object of the Rent Control Act, 1950 is to save the harassment of tenant from unscrupulous landlords. However, such object of the Rent Control Act, 1950 may not be misconstrued to deprive the landlords of […]

Cancellation of registration, as returns not filed, directed to file all pending returns

June 14, 2022 13971 Views 1 comment Print

Tvl. GK Digital Printing Vs Assistant Commissioner (Circle) (Madras High Court) GST registration cancelled as returns for continuous period of 6 months not filed. Petitioner directed to file all the pending returns (before and after cancellation of registration) and also pay all the pending taxes, interest, fee, fine, etc. Facts- The petitioner has filed the […]

GST not apply to Services rendered abroad- Refund allowable

June 14, 2022 3183 Views 0 comment Print

Jar Productions Private Limited Vs Union of India (Bombay High Court) Agreement executed between the petitioner and the ASCL shows that the approved production budget includes all costs in connection with the production services including the amount of Indian Goods and Services Tax Act. This shows that GST is included in all costs in connection […]

DRT cannot restrain a Debtor’s Fundamental Right to Travel Abroad

June 12, 2022 2724 Views 0 comment Print

HC held that Debt Recovery Tribunal (DRT) Not Empowered In Law To Restrain A Debtor’s Fundamental Right To Travel Abroad.

GP margin cannot be enhanced without finding any sales/purchases not recorded in books

June 11, 2022 1107 Views 0 comment Print

PCIT Vs Smart Value Products And Services Ltd. (Himachal Pradesh High Court) In the present case, Appellate Authority as well as the Tribunal have carefully gone through the record of the case and have found that the Assessing Officer had computed monthwise and quarter wise trading account for enhancing the gross profit. The Assessing Officer […]

Order deleting section 68 additions after elaborate factual exercise is valid

June 11, 2022 513 Views 0 comment Print

PCIT Vs Anmol Stainless Pvt. Ltd. (Calcutta High Court) We find from the order passed by the tribunal that the assessing officer has complied with the direction issued by the CIT(A) and has given effect to the order and no adverse finding has been recorded by the assessing officer and accordingly the addition was deleted. […]

Once an appeal is filed, assessee will not be deemed as ‘assessee in default’ – Section 220(6)

June 11, 2022 3054 Views 0 comment Print

Held that the mandate of Section 220(6) of the IT Act makes it very clear that once an appeal is filed within time in the prescribed format, the assessee will not be deemed as an ‘assessee in default’.

Cenvat credit on capital goods taken and utilized vis-à-vis benefit of higher drawback rate – matter remanded

June 11, 2022 531 Views 0 comment Print

Raghav Industries Ltd. Vs Union of India (Madras High Court) Facts- The appellant is a manufacturer of synthetic and blended textile yarn made of duty paid raw material viz., polyester staple fiber or polyester viscose staple fibre. According to the appellant, as per the Government schemes, a manufacturer can either export the finished product without […]

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