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TDS credit not given despite appearing in Form 26AS- HC directs DCIT to dispose rectification application

February 28, 2022 3081 Views 0 comment Print

Cheil India Private Limited Vs DCIT (Delhi High Court) Learned Counsel for the Petitioner states that while filing the return of income, the Petitioner had claimed credit of TDS amounting to INR 32,14,36,286/-, whereas while processing the return, the CPC granted credit of only INR 1,83,37,658/-. He points out that the TDS was duly supported […]

Fake ITC: Bail cannot be refused as indirect method of punishing accused person before conviction

February 28, 2022 1563 Views 0 comment Print

Smruti Ranjan Mohanty Vs State of Odisha (Orissa High Court) Bail cannot be refused as an indirect method of punishing the accused person before he is convicted. Furthermore, it has to be borne in mind that there is as such no justification for classifying offences into different categories such as economic offences and for refusing […]

AO not entitled on change of opinion to commence reassessment proceedings

February 28, 2022 3003 Views 0 comment Print

Macrotech Developers Limited Vs ACIT (Bombay High Court) The question is whether there was a failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of Assessment Year 2012-13. It is not the case that there is failure on the part of the assessee to make […]

Antidumping Duty: HC directs designated authority to pass reasoned order

February 26, 2022 921 Views 0 comment Print

Century Plyboards (I) Ltd. And Anr Vs UOI (Guwahati High Court) FULL TEXT OF THE JUDGMENT/ORDER of GAUHATI HIGH COURT Heard Dr. A Saraf, learned senior counsel for the petitioners. Also heard Mr. H Gupta, learned CGC for the respondent No.1 being the Union of India and Mr. SC Keyal, learned counsel for the respondent No.2 […]

HC directs dept to consider allowing petitioner to correct Form GSTR 1 Return

February 26, 2022 2787 Views 0 comment Print

Mahle Anand Termal Systems Pvt. Ltd. Vs Union of India  (Bombay High Court) In this case petitioner made inadvertent errors in GSTR-1 form wherein GSTN number of the recipient of goods was mentioned incorrectly. Leading to denial of credit to the recipient. Time limit for rectification expired. Supplier made representations, however, remained unanswered. The Hon’ble […]

Year of Indexation & Cost of Acquisition in case of bequeathed Property

February 25, 2022 5001 Views 0 comment Print

Rohan Developers Pvt. Ltd. Vs ITO (Bombay High Court) According to petitioner, under Section 49(1)(ii) of the Act, cost of acquisition of the said property in the hands of seller is deemed to be the cost for which the said property was acquired by late Mrs. Dolly Jehangir Gazdar. It is also petitioner’s case that […]

An Amount cannot not be excluded from Considerations merely for retention in Escrow account

February 25, 2022 4650 Views 0 comment Print

Caborandum Universal Limited Vs ACIT (Madras High Court) On facts, when we examine the Business Sale Agreement, it is not disputed by the parties that the full and final consideration is Rs.325,000,000/- after having agreed upon the full and final consideration, the parties agreed to retain a particular amount of money in an Escrow account […]

If sworn statements not going to be used against Assessee than he need not cross-examine such individuals

February 25, 2022 1926 Views 0 comment Print

SRS Mining Vs DCIT (Madras High Court) In the considered view of this Court, stated position of the Revenue, which has been captured supra more particularly, the stated position that the sworn statements are not going to be used against the writ petitioner as set out in the counter affidavit and as captured in this […]

Thrust of SVLDR scheme is to unload baggage of pending litigations: HC directs dept to issue discharge certificate on payment of Taxes

February 25, 2022 882 Views 0 comment Print

Munish Rajkumar Mahajan Vs Union of India (Bombay High Court) This Court held that having regard to the objective of the scheme, in a case of this nature, a reasonable and pragmatic approach has to be adopted so that a declarant can avail the benefits of the scheme; a declarant who seeks benefit under the […]

Recording of reasons essential while dealing with stay application

February 25, 2022 675 Views 0 comment Print

Stay order passed by Assessing Officer did not indicate or disclose any application of mind in considering prayer of assessee for stay of demand, said order deserved to be set aside

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