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Rule 86A: Order blocking ECL passed without satisfaction by Competent Authority is invalid

February 23, 2022 8379 Views 0 comment Print

New Nalbandh Traders Vs State of Gujarat (Gujarat High Court) Rule 86A has two pre-requisites to be fulfilled before the power of disallowing of debit of suitable amount to the Electronic Credit Ledger or blocking of ECL to the extent of the amount fraudulently or wrongly availed of is exercised. The first pre-requisite is of […]

Sales Tax dues of Company cannot be recovered from directors

February 23, 2022 5457 Views 0 comment Print

Nehal Ashwinkumar Shah Vs State of Gujarat (Gujarat High Court) Gujarat High Court held that unlike Section 179 of the Income Tax Act, 1961, there is no provision in the Sales Tax Act fastening the liability of the company to pay its sales tax dues on its Director. It further held that The attachment on […]

Mere failure to pay tax will not constitute offence under Section 276C(2)

February 23, 2022 6213 Views 0 comment Print

S.P. Velayutham Vs ACIT (Madras High Court) Mere failure to pay the tax in time without any intention or deliberate attempt to avoid tax in totality or without any mens rea to avoid the payment, the word employed ‘wilful attempt’ cannot be inferred merely on failure to pay tax in time. If the intention of […]

Review in the garb of reassessment is absolutely prohibited

February 23, 2022 2133 Views 0 comment Print

Tata Sons Limited Vs DCIT (Bombay High Court) This is a case where the scrutiny assessment was completed and order under section 143(3) of the Act has been passed followed by a rectification order under section 154 of the Act. Therefore Petitioner’s case has been considered at two stages, (i) When the assessment order was […]

HC surprised with reasons recorded for reopening & hoped for better reasons

February 23, 2022 2151 Views 0 comment Print

Nirmal Bang Securities Pvt Ltd Vs ACIT (Bombay High Court) In this case reasons quoted were bereft of any material as AO quoted that search information is received with regard to accommodation entry But  does not indicate what address was searched, from whom such information was received, what date the search happened, what date the […]

Truck owner Registration number not relevant to decide Section 194C applicability

February 22, 2022 1995 Views 0 comment Print

Registration number of truck owner is not relevant for deciding applicability of Section 194C but it is personnel/truck operator from whom trucks are hired.

Rajasthan HC directs department to accept deceleration under Vivad se Vishwas Scheme, 2020

February 21, 2022 3807 Views 1 comment Print

Rakesh Garg Son Vs PCIT (Rajasthan High Court) Legislature framed the direct tax Vivad se Vishwas Scheme, 2020. It was brought into effect from 17.03.2020. This act contains provisions for settlement of pending direct tax disputes. The petitioner was desirous of taking benefit of the said settlement scheme contained in the Act of 2020 and […]

HC directs restoration of GST registration on payment of tax, penalty & uploading of returns

February 21, 2022 10920 Views 0 comment Print

Tvl. Suguna Cutpiece Center Vs The Appellate Deputy Commissioner (ST) (GST) (Madras High Court) These Writ Petitions pertain to the challenge to the cancellation of GST Registrations issued to the petitioners under the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017. Some of the […]

Order passed within time, but communicated late, cannot dilute the validity of an order

February 21, 2022 6276 Views 0 comment Print

The Adjudicating Authority Vs M/s. Anuttam Academic Institutions (Madras High Court) Facts- During the year 2017, a search was conducted in the premises of Marg Group of companies and its related entities, which resulted in seizure of various documents allegedly indicating the prohibited transactions as per clause A of section 2(9) of the Act. Therefore, […]

Department cannot be allowed to proceed with SCN after more than 16 years: HC

February 21, 2022 3003 Views 0 comment Print

The Bombay Dyeing and Manufacturing Company Limited Vs Deputy Commissioner of CGST (Bombay High Court) The Petitioner has filed reply to the Show Cause Notice (SCN)within four weeks from the date of receipt of the said notice and did not get any further communication from the Respondent for hearing or any adjudication upon the said […]

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