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All High Courts

Insurance claim cannot be denied merely for alleged involvement of Person Insured in Multiple Motor Accidents

March 26, 2022 768 Views 0 comment Print

Divisional Manager, National Insurance Co. Ltd. Vs Sunil Majhi (Orissa High Court) HC held that no logic is there in the contention of the Appellant that because the accused is involved in more than one accident at different points of time, the claim of compensation contemplated under Sec.166 of the M.V. Act would be nullified […]

HC Quashes penalty order passed in violation of principle of natural justice

March 26, 2022 1005 Views 0 comment Print

Mayur Batra Vs ACIT (Delhi High Court) Petitioner states that before levying the penalty under section 271(1)(c), the replies of the petitioner filed on 17th December, 2021 and reiterated as well as uploaded on 22nd and 27th January, 2022 were not considered by the respondents. He further states that the petitioner has not been granted […]

GST recovery during investigation is ingenious way of creating liquidity crunch: HC

March 25, 2022 8979 Views 0 comment Print

Madras HC holds that recoveries under Section 79 of the CGST Act from the customers of the taxpayer, during the course of investigation is pre-mature. Calls such measure as ingenious way of creating liquidity crunch.

Section 148 Assessment instead of under Section 153A/153C- HC Grants Stay

March 25, 2022 3936 Views 0 comment Print

The pertinent assertion of learned counsel Shri Gargieya is that the assessing authority could not have adopted the procedure provided under Section 148 of the Income Tax Act for reopening the assessment of the petitioner because such action was taken on the basis of facts revealed to the assessing authority during the assessment of DRA Group at Ahmedabad and the proceedings, if any, would have to be conducted under Section 153A read with Section 153C of the Income Tax Act.

Faceless Assessment: Stay Granted by HC as order was passed without hearing the petitioner

March 25, 2022 1218 Views 0 comment Print

Anil Tambi challenges income tax assessment in Rajasthan HC, citing lack of effective hearing. Stay granted on the impugned order. Case ongoing.

Revenue cannot withhold Tax refund for Tax on revenue neutral transaction

March 25, 2022 1131 Views 0 comment Print

Ericsson India Private Limited Vs ACIT (Delhi High Court) It is not as if the petitioner/assessee is not offering unearned revenue for tax; it is only on account of accounting policy followed consistently that unearned revenue is offered for tax in the year in which services are rendered and/or goods are sold. Thus, the transaction, […]

GST Evasion: HC Grants bail to accused as dept already attached property of value in excess of amount of alleged evasion

March 25, 2022 2355 Views 0 comment Print

Niraj Jaidev Arya Vs State of Gujarat (Gujarat High Court) During the course of arguments, it was pointed out by the learned Senior Advocate appearing for the applicant that the respondent-Department has already attached immovable property belonging to the applicant in excess of the amount of alleged evasion or fraudulent claim of input tax credit […]

Liability to pay service tax cannot be imposed on presumption

March 24, 2022 3858 Views 0 comment Print

N.E. Logistics And Anr. Vs Union of India And 2 Ors. (Guwahati High Court) The liability to pay a service tax is not upon a presumption nor can it be based upon a state of indeterminateness on the part of the authorities. The liability to pay a tax has to be conclusively determined that for […]

HC Quashes vague SCN for Cancellation of GST registration

March 24, 2022 7962 Views 0 comment Print

Shah Industries Through Proprietor Vishal Hastimal Sakaria Vs State of Gujarat (Gujarat High Court) The show cause notice is bereft on any material particulars or information. In the absence of any material particulars and the details, it is difficult for any individual to respond to such a vague show cause notice. Probably what the Authority […]

NI Act: It is Not Mandatory for Magistrate to Order Payment of Interim Compensation

March 23, 2022 41130 Views 0 comment Print

Vijaya Vs Shekharappa (Karnataka High Court) Legislature has cautiously worded sub-section (1) of Section 143A of Negotiable Instruments Act, 1881 not to make it mandatory in all cases where clauses (a) and (b) of sub-section (1) would empower the learned Magistrate before whom proceedings are pending consideration to award interim compensation. It is the discretion […]

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