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All High Courts

VAT exemption available to bread in Meghalaya cannot be extended to rusk

March 15, 2022 1089 Views 1 comment Print

Saj Food Products Pvt. Ltd. Vs State of Meghalaya & ors (Meghalaya High Court) What is apparent in this case is that the petitioner may be using the same raw material as in the manufacture of bread, whereupon the petitioner manufactures a form of bread and refines the same to rusk. The process has been […]

GST Refund Application cannot be rejected merely for delay: HC

March 15, 2022 14547 Views 0 comment Print

Gamma Gaana Limited Vs Union of India (Allahabad High Court) GST Refund Application cannot be rejected on mere ground of delay in the light of Supreme Court Order – High Court of Allahabad The Hon’ble High Court of Allahabad has declared in Gamma Gaana Limited Vs. Union of India & 3 others in Writ Tax […]

HC set aside faceless assessment order passed after allowing mere 1 day to respond to SCN & imposes cost on AO

March 15, 2022 4515 Views 0 comment Print

By his/her conduct, the Assessing Officer has compelled petitioner to knock at the doors of this Court and thereby has also impinged on the valuable judicial time of this Court. In our view, this is a fit case where this Assessing Officer should be saddled with substantial cost to drive home a message that this kind of attitude will not be tolerated ever.

HC quashes GST order for not providing Fair opportunity of hearing to Assessee

March 15, 2022 2532 Views 0 comment Print

Ajay Kumar Singh Vs State of Bihar (Patna High Court) HC held that this Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, we form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity […]

Section 80-IA deduction eligible on interest on Bond having direct nexus with business

March 15, 2022 1989 Views 0 comment Print

Odisha Power Generation Corporation Ltd. Vs ACIT (Orissa High Court) In the instant case, the Assessee has no other source of income except through generation and sale of power. All its receipts and expenditure relate to a single activity of power generation. There is no dispute that it is an industrial undertaking covered under Section […]

Section 148A notice e-signed on 31.03.2021 but mailed on 16.04.2021 is invalid

March 15, 2022 57885 Views 0 comment Print

High Court  held that after 1/04/2021, it is mandatory requirement that prior to re-assessment proceedings notice under section 148-A of Income Tax Act, 1961 should be issued to assesseee. Accordingly, the impugned notice dated 31/03/2021 (served through Email to the petitioner on 16/04/2021) stands quashed.

S.148 NI Act | Deposit of Minimum 20% of Fine in Appeal is Mandatory

March 15, 2022 59958 Views 0 comment Print

G.k. Construction Company Vs Balaji Makan Samagri Stores (Rajasthan High Court) The core question whether the usage of word ‘may’ in section 148 of Negotiable Instruments Act, 1881 provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount, is required to be dilated […]

HC Quashes GST Notice for not fulfilling ingredients of a proper SCN

March 14, 2022 9795 Views 0 comment Print

NKAS Services Private Limited Vs. State of Jharkhand (High Court of Jharkhand) A perusal of the impugned show cause notice at Annexure-1 creates a clear impression that it is a Show Cause notice (SCN) issued in a format without even striking out any relevant portions and without stating the contraventions committed by the petitioner. The […]

Holding company not liable to deduct TDS on Shares purchased by its Subsidiary

March 14, 2022 1719 Views 0 comment Print

Ingram Micro Inc. Vs ITO (Bombay High Court) The undisputed fact is that petitioner is not the purchaser of shares of THL. Respondent no.1 has failed to appreciate that the shares have been purchased by IMAHI, a wholly owned subsidiary of petitioner and not by petitioner and, therefore, the question of Section 195 of the […]

Swiggy Case: GST recovered at the time of search/inspection not Voluntary

March 14, 2022 3705 Views 0 comment Print

Union of India Vs  Bundl Technologies Private Limited (Karnataka High Court) In this case The Officers of the Department entered the premises of the Company on 28.11.2019 at 10.30 a.m. During the course of the investigation from 28.11.2019 till 30.11.2019, DGGI Officers issued spot summons to the Directors and employees of the Company and their […]

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