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Assessee has a vested right to personal hearing | Section 144B | Faceless Assessment

January 18, 2022 6099 Views 0 comment Print

Section 144B | Faceless Assessment- An assessee has a vested right to personal hearing and same has to be given, if an assessee asks for it. The right to personal hearing cannot depend upon the facts of each case.

Calcutta HC Quashes Section 148 notices issued after 31.03.2021 in 1083 Cases

January 18, 2022 21480 Views 0 comment Print

Calcutta High Court Quashes Notices under Section 148 of Income Tax Act, 1961 which were Issued After 31st March 2021 in 1083 cases. Bagaria Properties and Investment Pvt. Ltd. & 1082 Anr. Vs. U.O.I & Ors.

Taxability of remuneration/interest not claimed by partnership firm in the hands of partners- HC Quashes assessment order

January 18, 2022 3771 Views 0 comment Print

Mamta Bhavesh Dave Vs ITO (Gujarat High Court) ITAT adjudicated the controversy as regards the deduction of remuneration/interest on the partners capital not claimed by the assessee i.e. the partnership firm in its profit and loss account. The Tribunal took notice of the fact that the CIT Appeals had directed to tax the amount of remuneration/interest […]

HC directs unblocking of Electronic Credit Ledger as one year period was expired

January 18, 2022 1644 Views 0 comment Print

HC held that once the assessee is cooperating and has submitted the relevant documents to the Revenue Department then the bank accounts and Electronic Credit Ledger (ECL) of such assessee to be unblocked upon the expiry of one year from the date of imposing such restrictions.

Bogus ITC passing of Rs 47.99 Crore: HC grants bail to accused

January 17, 2022 816 Views 0 comment Print

Satindra Kumar Yadav Vs State of Odisha (Orissa High Court) In the instant case, the petitioner was arrested on 02.09.2021 for offences under Section 132(1)(b),(c)&(l) of OGST Act, 2017 having availed fake ITC by a firm M/s. S.S. Syndicate during the period under consideration. As is made to understand, the petitioner being the proprietor of […]

Bogus purchase additions confirmed by CIT(A) & ITAT: HC upheld Section 276C prosecution

January 17, 2022 2379 Views 1 comment Print

Nayan Jayantilal Balu Vs Union of India (Bombay High Court) Perusal of the complaint launched against Petitioner also disclose allegations that Petitioner failed to substantiate the claim of purchases amounting to Rs. 2,74,03,016/- and the assessing officer held the purchases to be bogus and made an addition of Rs. 34,25,377/­(12.5% of the bogus purchases). On Appeal […]

Motor Accident Claim – Fixing of 15K as Notional yearly Income for Non-Earning Member is Unreasonable: HC

January 17, 2022 7263 Views 0 comment Print

Roop Lal and another Vs Suresh Kumar Yadav (Allahabad High Court) This is a claimants appeal, claiming enhancement of award for the death of a child who was 07 years of age at the time of his death. Learned counsel for the appellants has submitted that deceased was a brilliant student and he had very […]

Section 194D TDS not deductible If Sum Paid Directly to Services Providers

January 17, 2022 1656 Views 0 comment Print

Commissioner of Income Tax Vs SBI Life Insurance Company Ltd. (Bombay High Court) Therefore the obligation to deduct is on the person who is paying and the deduction to be made at the time of making such payment. Factually and admittedly no amount has been paid to the agents by respondent as a reimbursement of […]

Transitional ITC not claimed due to technical problem on GST Portal cannot lapse

January 17, 2022 2325 Views 0 comment Print

Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court) No doubt, the petitioner was required to file GST Tran 1 with correct information. However, the Courts have taken note of the fact that there were difficulties in making proper declarations in Tran 1 at the initial phase of implementation […]

Section 263 jurisdiction cannot be exercised in twin conditions not satisfied

January 17, 2022 2286 Views 0 comment Print

CIT Vs Manna Trust (Rajasthan High Court) The respondent Trust is a registered charitable trust. The assessing officer for the assessment year 2016-17 accepted the return filed by the trust and granted exemption as applicable under law. The Commissioner, Income-Tax took the said order in revision under Section 263 of the Act and held that […]

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