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Assessee have independent statutory right to file reply to SCN & draft assessment order

May 26, 2022 1572 Views 0 comment Print

Ketan Ribbons Pvt Ltd Vs National Faceless Assessment Centre Delhi (Delhi High Court) Hon’ble Delhi High Court quashed Assessment Order, Notice of demand and Penalty notice passed on 23-05-2021 during COVID-19 where show cause notice and draft assessment order were issued during lockdown and the assessee could not file any reply. The court further was […]

Credit notes not affecting input tax already deposited not to be treated as taxable turnover

May 26, 2022 4341 Views 0 comment Print

Credit notes not affecting input tax already deposited cannot be treated as taxable turnover by the extended meaning of Section 2 sub-section (lii) Explanation VII of Kerala Value Added Tax Act.

Reassessment notice dealing with question of facts, can’t be challenged before HC

May 26, 2022 1656 Views 0 comment Print

Reassessment notice under Section 148 of IT Act i.e, impugned notice if carried to its logical end, in the facts and circumstances of the case, will clearly neutralize all these arguments and the writ petitioner assessee bank will not be aggrieved in any manner.

Once insolvency petition is admitted, moratorium effect is to be given to pending suits or proceedings as per section 14

May 25, 2022 2943 Views 0 comment Print

Srei Equipment Finance Limited Vs Additional / Joint/ Deputy / Assistant CIT (Calcutta High Court) Facts- The appellant had filed the writ petition challenging the notice dated 23rd March, 2022 which is an opportunity granted to the assessee to show cause as to why the proposal made in the notice by way of giving effect […]

Gurugugram CA arrest by GST Dept. – Submission by Dept. in Court

May 25, 2022 90156 Views 0 comment Print

CGST, Gurugram (Anti Evasion) Vs Gaurav Dhir (Chief Judicial Magistrate, District Courts, Gurugram) U/s 132(1)) r/w 132(1)(b)(C)(e)(f) CGST Act 2017 Date of Arrest: 18.05.2022 Involvement: lllegal availment of GST refund amounting to Rs. 7,60,89,626/- File No. GEXCOM/AEVRFN/77/2022 AE-O/OCOMMR-CGST-GURUGRAM APPLICATION SEEKING 14 DAYS JUDICIAL REMAND OF THE ACCUSED GAURAV DHIR 1. Brief facts of the case […]

Managing Directors of Company to be summoned only when authorized representatives are not cooperating

May 25, 2022 3687 Views 0 comment Print

HC held that the Managing Director of a company should not be directly summoned by authorities under Section 108 of the Customs Act, 1962 . Further held that, authorized representatives of a company are to be summoned and MD can only be summoned, if the former is not cooperating or if investigation is to be completed expeditiously.

Loss on trading in derivatives can be set off against business income

May 24, 2022 10179 Views 0 comment Print

It is clear that, the transactions in respect of trading in derivatives referred to in Clause (ac) of Section 2 of Securities Contracts (Regulation) Act, 1956 carried in a recognized stock exchange are excluded from the definition of ‘speculation transaction’ described under Section 43 (5) of the Income Tax Act, 1961.

States dues for tax has no preference over dues of other secured creditors

May 24, 2022 1383 Views 0 comment Print

This Court finds that the claim/dues of the creditors are required to be settled by the OL in the manner and priority, as prescribed under the Act of 1956. The State dues, in no way, can have preference over the dues/claims of the workmen and other secured creditors.

HC quashed NFAC order passed without discussing reply to SCN filed by assessee

May 23, 2022 1761 Views 0 comment Print

Vellaian Selvaraj Vs Additional/Joint/Deputy/Asst. CIT/ITO (Madras High Court) Considering the fact that the impugned Assessment Orders have been passed without any discussion, these Writ Petitions are allowed by remitting the case back to the National Faceless Assessment Centre to pass a fresh order within a period of sixty days based on the reply filed by […]

Consider plea for extension of payment date under SVLDR scheme due to Cancer Treatment of Assessee – HC directs dept

May 23, 2022 1071 Views 0 comment Print

Delhi HC allows petition challenging recovery notices. Petitioner seeks leniency citing financial constraints and health issues.

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