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All High Courts

SCN not challenged within prescribed time- HC justified in dismissing the writ on the ground of limitation

December 31, 2021 687 Views 0 comment Print

Samrat Exporters and Importers Vs Assistant Commissioner of Central Excise and Customs (Kerala High Court) It is an admitted fact that the appellant had challenged the show cause notice issued to it before the appellate authority but the same was filed not within the time prescribed under the Act. Therefore, the appellate authority did not […]

HC decline waiver of interest as appellant not challenged the order levying interest

December 31, 2021 2700 Views 0 comment Print

Bennett Coleman & Co. Ltd. Vs DCIT (Bombay High Court) Section 215 of the Act makes it clear that the Assessee is required to pay interest where he has paid advance tax less than 75% of the assessed tax, the Assessee is required to pay simple interest @ 15% p.a. from the first day of […]

HC directs GST officials to allow goods to be transported if no case is made out

December 31, 2021 1071 Views 0 comment Print

Healthcubed India Private Limited Vs Assistant Commissioner (ST) (Madras High Court) The show cause notices details and articulates the case of the respondent. It is for the petitioner to reply to the show cause notices to have the goods cleared. If the goods were really meant to be sent to Karnataka for which the petitioner […]

TDS on income accrued outside the Indian territory for services rendered

December 30, 2021 798 Views 0 comment Print

Tribunal held the addition to be erroneous and has considered in detail the nature and expenses in respect of which the assessee was sought to be penalized for not deducting the tax deducted at sources, holding that these expenses were in respect of the income accrued outside the territory for services rendered. With this finding the said question was rejected.

Custom duty dues cannot be recovered indirectly by blocking Export Incentives

December 29, 2021 837 Views 0 comment Print

M. k. Exim (India) Limited Vs Union of India (Rajasthan High Court) We have also perused the guidelines issued by the Directorate General of Foreign Trade under circular dated 31.12.2003 for maintaining the denied entities list. It records that most common instance of action leading to refusal of licenses occurs when firms default in export […]

Wrongfully availment of ITC – HC Grants Bail

December 29, 2021 1650 Views 0 comment Print

Rohan Tanna Vs Union of India (Chhattisgarh High Court) Applicants are arrested for commission of offences punishable under Sections 16 & 132 (1) (b) & (c) of the GST Act. Section 138 of the GST Act deals with compounding of offences. Offence registered against applicants under Section 132 (1) of the GST Act is made […]

Illegal transfer of PAN – Prima–facie evidence exist against CCIT: HC

December 29, 2021 1485 Views 0 comment Print

Jharkhand HC rejects discharge plea in Anup Kumar Lakhotia case. Charges framed under IPC and Prevention of Corruption Act. Legal analysis and key details.

Bank Accounts opening without following procedure- HC grants bail to bank employees

December 29, 2021 852 Views 0 comment Print

Chhattisgarh High Court grants anticipatory bail to Union Bank of India employees in a Prevention of Money Laundering Act case. No custodial interrogation required.

In case of limited Scrutiny AO not expected to examine matters not referred to him

December 28, 2021 1611 Views 0 comment Print

Paradise Rubber Industries Vs PCIT (ITAT Amritsar) Admittedly the present case before us is a case of Limited scrutiny selected for particular points reproduced hereinabove confined to 4 issues. The issue for which the PCIT issued the show cause notice was entirely different than the four issues examined under limited scrutiny by the assessing officer. […]

HC allows Commuted value of lease rent for 90 years as revenue expenditure

December 28, 2021 1893 Views 0 comment Print

Coforge Limited (Formerly Known AS NIIT Technologies Ltd) Vs ACIT (Delhi High Court) Conclusion: Commuted value of lease rent at 11 times the rent payable for 90 years @ Rs 708913/- which amounted to Rs 7798042/- was deductible as expenditure in the year of payment as assessee chose to incur the liability of a crystallised […]

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