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All High Courts

Reopening based on wrong reasons cannot be a reason to believe that income has escaped assessment

April 13, 2022 720 Views 0 comment Print

Raimaladitya Textile Pvt. Ltd. Vs ITO (Bombay High C0urt) The allegations in the reasons recorded are that as per information summary available to Revenue there is company by the name Raimaladitya Textile Pvt. Ltd., from whom bogus loan has been taken in F.Y. 2012-13 in the sum of Rs.40,88,06,800/- and the said Raimaladitya Textile Ltd., […]

HC Quashes second Provisional attachment order which was passed 4 days after Quashing of First order

April 13, 2022 1248 Views 0 comment Print

The petitioner’s grievance, as noted above, is that immediately, after this Court had quashed the earlier provisional attachment order on 22.03.2021, a fresh order was passed on 26.03.2021.

Performance Security cannot be retained after Acknowledgement of Due Performance of Contract

April 13, 2022 3159 Views 0 comment Print

High Court held that Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performance Bank Guarantee in question. There is no principle in law whereby BSNL could be permitted to retain the Performance Security after it had acknowledged due performance of the Contract.

Compensation for same accident cannot be claimed under two Acts

April 13, 2022 8853 Views 0 comment Print

R. Geethabanu vs. Government of Tamil Nadu (Madras High Court, Madurai Bench) The Madras High held that the aggrieved person cannot file claim petitions both under the Motor Vehicles Act ,1988 as well as the Workmen Compensation Act,1923  in respect of the very same accident. The court also held that previous decisions of various High […]

No denial of GST refund in case of tax payment of via electronic credit ledger

April 13, 2022 2856 Views 0 comment Print

Refund could not be denied only on the ground that only a part amount of the tax was paid through the electronic cash ledger as Respondents had failed to understand the distinction between the availment and the utilization of the input tax credit.

HC quashes GST Registration cancellation order 

April 12, 2022 3933 Views 0 comment Print

FADA Trading Private Limited Vs Commissioner Goods and Service Tax (Delhi High Court) The show cause notice, which is, dated 02.12.2019, gives no details as to the date and time on which the petitioner’s authorized representative was to present himself for a personal hearing, before the adjudicating authority. This is apart from the fact that […]

‘C’ Form, cannot be denied for technical or administrative reasons: HC

April 12, 2022 5913 Views 0 comment Print

Srivenkateshware Tradex Pvt. Ltd. Vs Commissioner, Delhi Value Added Tax (Delhi High Court) It is not a case where there is a default or concealment or adverse material is found by the Commissioner suggesting inaccurate particulars in the returns. It is the case where all the documents and particulars were furnished correctly except that the […]

Assessment order cannot be passed without considering direction of DRP on timely objection filed by Assessee against Draft Assessment order

April 12, 2022 4968 Views 0 comment Print

Fiberhome India Private Limited Vs National E-Assessment Centre (Delhi High Court) 1. This petition has been filed by the petitioner challenging the Final Assessment Order dated 30.06.2021 passed by the respondent under Section 143(3) read with Section(s) 144C(3) and 144B of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the Assessment […]

HC directs I-T department to pay interest on refund as per Section 244A

April 11, 2022 3936 Views 0 comment Print

Ingenico International India Pvt. Ltd. Vs JCIT (Delhi High Court) By way of the present petition, Petitioner is seeking a direction to the Respondents to issue interest of Rs.53,92,420/- for the Assessment Year 2018-19 (Rs. 51,11,299/- upto May, 2021 and Rs.2,81,121/- as additional amount). Learned counsel for the Petitioner states that this Court vide order […]

Section 84(1) – WBVAT – Mandatory pre-deposit of 15% not ultra vires

April 11, 2022 2388 Views 0 comment Print

A S L Enterprises Ltd. Vs The Senior Joint Commissioner, Sales Tax (Calcutta High Court) Whether proviso to Section 84(1) of the West Bengal VAT Act, 2003 which provides for mandatory pre-deposit of 15% is ultra vires and it effects the vested rights of the appellant and also it is discriminatory in nature as it […]

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