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All High Courts

Stamp duty on Arbitration Agreement applicable as per ‘place of execution’

March 16, 2022 19308 Views 0 comment Print

The Arbitration agreement with signatures of only one party to the agreement are not ‘instruments’ to attract the provisions of Stamp Act of that place where it is signed by one party.

ITC available on evaporation loss of petrol pumps: HC

March 16, 2022 11919 Views 0 comment Print

Excise and Taxation Commissioner Vs Gupta Brother (Punjab and Haryana High court) Issue –Whether in the facts and circumstances of the case the assessee is entitled to ITC under the provisions of the Act on evaporation/handling losses of the petroleum products? Held – The question is answered in favour of the dealer i.e. assessee shall […]

GST: Mismatch of quantity during roadside checking, cannot be termed as section 129 contravention

March 16, 2022 4998 Views 0 comment Print

Hon’ble Punjab and Haryana High Court in the case of Raghav Metals Vs State of Haryana and others held that the mismatch of quantity during roadside checking, cannot be termed as contravention under section 129 of the CGST/SGST Act, 2017.

Gauhati HC stays levy & collection of Entry tax by Autonomous Council

March 16, 2022 1290 Views 0 comment Print

Instakart Services Pvt. Ltd Vs North Cachar Hills Autonomous Council (Guwahati High Court) A reading of the provisions of Clause 8(3)(c) of the 6th Schedule to the Constitution of India makes it discernible that the District Council of the NCHAC is authorised to levy and collect tax on the entry of goods into a market […]

Swiss Bank account – ITAT upheld Section 271(1)(b) penalty

March 16, 2022 3309 Views 0 comment Print

Jayanti Dalmia Vs DCIT (Delhi High Court) In this case ITAT has upheld the order of CIT with respect to non-compliance of notice issued under Section 142(1) of Income Tax Act, 1961 by the Appellant-assessee and the consequent imposition of penalty under Section 271(1)(b) of the Act. Briefly stated the relevant facts are that the […]

Wearing of hijab is not Essential Religious Practice in Islam: HC

March 16, 2022 6699 Views 0 comment Print

Hon’ble Karnataka High Court held that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith.

HC quashes assessment order passed without allowing personal hearing to assessee

March 15, 2022 4161 Views 0 comment Print

Omkar Nath Vs National Faceless Assessment Centre Delhi (Delhi High Court) Concededly, the AO passed the impugned assessment order, as indicated above, on 07.06.2021, without granting an opportunity to the petitioner of a personal hearing in the matter. This being the position, clearly, the provisions of Section 144B(7)(vii) of the Act would apply in this […]

HC grants Custody of Undisclosed Looted Property To I-T Dept From Police

March 15, 2022 756 Views 0 comment Print

Jahar Singh Gurjar Vs State of M.P. (Madhya Pradesh High Court) It is the case where petitioner as a complainant is seeking refund of his part of looted amount on interim custody from the trial Court. Total amount, which was recovered allegedly from the possession of the accused, was Rs.53,16000/- whereas the petitioner is seeking […]

Notice issued within few hours of information would not mean non-application of mind

March 15, 2022 1674 Views 0 comment Print

Chhagan Chandrakant Bhujbal Vs ITO (Bombay High Court) Power vested in the commissioner under Section 151 of the Act to grant or not to grant approval to the Assessing Officer to re-open an assessment is coupled with duty and the commissioner is duty bound to apply his mind to the proposal put up to him […]

Demand of NOC by Minerals Dept of Assam in respect of goods moving in course of interstate trade challenged in HC

March 15, 2022 1362 Views 0 comment Print

Tianugla Longkumar Vs General Manager N F Railway (Gauhati High Court) 1. Heard Dr. Ashok Saraf, learned counsel for the petitioner. Also heard Ms. B Sarma, learned counsel for the respondents no. 1 and 2 being the authorities under the North Easter Frontier Railways, Assam and Ms. M Kethi, learned counsel for the respondent no. […]

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