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Criminal case u/s. 454(8) of Companies Act not maintainable amidst pending appeal

May 21, 2025 990 Views 0 comment Print

Kerala High Court held that criminal case under section 454(8) of the Companies Act unsustainable since appeal filed by the petitioner against the penalty order is still pending consideration. Thus, the Criminal Miscellaneous Cases allowed and complaint quashed.

Extended Period Not invocable Without Proof of Wilful Misstatement or Suppression

May 21, 2025 948 Views 0 comment Print

Calcutta High Court held that invocation of extended period of limitation without establishing wilful mis-statement and suppression of material facts with intent to evade payment of tax is not justifiable. Accordingly, entire order passed by adjudicating authority is set aside.

Case Transfer U/S 127 Upheld for Coordinated Probe on Group’s Seized Documents

May 21, 2025 801 Views 0 comment Print

Pursuant to the search operation, a show-cause notice was issued to the appellants as required u/s. 127 of the Act, proposing to centralise the income tax files relating to the appellants to the Central Circle in Kolkata.

Fusible interlining fabric of cotton falls under Chapters 50-55, 58 or 60: Gujarat HC

May 21, 2025 735 Views 0 comment Print

Gujarat High Court quashed an advance ruling, reclassifying fusible interlining fabric of cotton under Chapters 50-55, 58, or 60 instead of Chapter 59.

Calcutta HC Orders Re-Adjudication of GST Case

May 21, 2025 1212 Views 0 comment Print

Calcutta High Court remands GST case due to unconsidered taxpayer reply. Court emphasizes fair hearing, directs fresh adjudication and personal hearing for appellant.

GST Refunds cannot be credited to Electronic Ledger of Closed Business: Calcutta HC

May 21, 2025 6936 Views 0 comment Print

Calcutta High Court directs reconsideration of GST refund for a closed business, stating credit to bank account, not electronic ledger, is appropriate.

Himachal Pradesh HC Upholds GSTAT Technical Member Eligibility Criteria

May 21, 2025 951 Views 0 comment Print

Himachal Pradesh High Court dismisses petition challenging relaxed eligibility for Technical Member (State) in GSTAT, clarifying rules for state and All-India Service officers.

Natural Justice Breach: HC Quashes GST Order, Lifts Bank Attachment, Orders Fresh Hearing

May 21, 2025 822 Views 0 comment Print

A recent High Court ruling set aside GST tax demand and penalty orders, citing a lack of personal hearing and inadequate notice on the GST portal, emphasizing natural justice principles.

Madras HC Revives Cancelled GST Registration with Conditions

May 20, 2025 1182 Views 0 comment Print

The Madras High Court ordered the conditional revival of a GST registration cancelled for non-filing, following precedent set in the Suguna Cutpiece case.

Full & true disclosure of all material facts: Section 148 Reopening quashed

May 20, 2025 798 Views 0 comment Print

Madras High Court held that reopening of assessment under section 148 of the Income Tax Act not sustainable since assessee has fully and truly disclosed all the material facts. Accordingly, order along with notices are liable to be set aside.

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