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Delhi HC Granted Stay for Notice issued on the basis of Approval from Incompetent Authority

March 2, 2022 693 Views 0 comment Print

Nandita Sikka Vs Income Tax Officer (Delhi High Court) Learned counsel for the petitioner states that the impugned notice has been issued without approval of the competent authority as per Section 151 of the Act. He states that the approval has not only been obtained from an incompetent authority but has also been obtained after […]

Bombay HC lays guidelines on reopening cases for AO for strict compliance

March 2, 2022 4440 Views 0 comment Print

Tata Capital Financial Services Limited Vs ACIT (Bombay High Court) Bombay High court (HC) lays guidelines on reopening cases for assessing officer (AO) for strict compliance Bombay high court coming down heavily on income tax department in section 148 reopening cases where revenue is held not transparent with tax payers in sharing of requested information […]

Reopening on review of same material considered in original assessment invalid

March 2, 2022 1098 Views 0 comment Print

Mangalore Refinery and Petrochemicals Limited Vs DCIT (Bombay High Court) Lastly, it would be contextually relevant to note that the rejection of the objections to the reopening also suffers from a familiar error, which the notices for reopening usually manifest. The Assessing Officer in the impugned order recorded that though the details of the expenses were […]

No penalty for expiry of e-way bill if no intention to evade tax

March 1, 2022 9873 Views 0 comment Print

Ashok Kumar Sureka Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta HC in a matter relating to imposition of tax and penalty under section 129 of the CGST Act 2017 on the ground of expiry of e-way bill, has quashed the orders and allowed refund of both tax and penalty paid subject to compliance of […]

Notaries Act, 1952 needs major reform because of continuous mischievous in documents notarized

March 1, 2022 2763 Views 0 comment Print

Dhanlaxmi Chandu Vs Town Planning and Acquisition Officer (Bombay High Court) Facts- It is alleged by Samina Arif Khan @ Dhanlaxmi Chandrakant Devrukhkar (‘Samina’) to place the Intervention Application for urgent hearing and orders since according to Samina, Advocate Shri Rohan Barge and Notary – Shri S.M. Naqvi alongwith an unknown person have filed Writ […]

Meaning of ‘education’ u/s 2(15) cannot be restricted to only formal school or college

March 1, 2022 3822 Views 0 comment Print

Supreme Court in the case of Thanthi Trust has held that the word education occurring in Section 2(15) of the Act has to be given a wider meaning and not to restrict it to mean formal school education.

S.138 NI Act: Factors to Keep in mind before making a person vicariously liable

March 1, 2022 1341 Views 0 comment Print

Gopala Krishna Mootha Vs State Govt of NCT of Delhi & Anr (Delhi High Court) In a Complaint under Section 138 read with Section 142 of the NI Act a person cannot avoid liability by merely stating that owing to his age he is unable to manage the affairs of the company It is not […]

HC grants Bail to CA in alleged case of involvement in Bribery

March 1, 2022 5265 Views 0 comment Print

Applicant, who is a qualified Chartered Accountant (CA), was arrested on 31.12.2021, whereafter he was remanded to police custody till 08.01.2022, and ever since 09.01.2022, he is in judicial custody.

Issue of Section 148 notice on non-existing entity is not a curable mistake

March 1, 2022 3972 Views 0 comment Print

Where notice under section 148 was issued to a non-existing entity as said entity ceased to exist at the time of the issue of the notice on account of merger; the said notice was liable to be quashed and it was not an error that could be corrected under section 292B.

Section 70 of Rajasthan GST is within the competence of legislature: HC

March 1, 2022 1836 Views 0 comment Print

S.K. Metal Vs Assistant Commissioner (Rajasthan High Court) Section 70 (Power to summon persons to give evidence and produce documents) of Rajasthan Goods and Service Tax Act, 2017 is within the competence of legislature and not opposed to any of the fundamental rights or other provisions of the Constitution of India As per sub-Section (1) […]

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