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Tax Exemption allowed to Charitable Society using its profit for charitable activities

December 5, 2021 1881 Views 0 comment Print

PCIT Vs Servants of People Society (Delhi High Court) A perusal of the paper book reveals that the assessee/society is running a printing press and publishing a newspaper. The profit so generated is used for charitable purposes and apparently there is no profit motive in the activities of the assessee. As such it cannot be […]

HC Quashes reopening notice issued merely based on change of opinion

December 5, 2021 1263 Views 0 comment Print

Rama Devi Sabat Vs DCIT (Orissa High Court) Contending that the initiation of the reassessment proceedings was based merely on a change of opinion, the present petition has been filed. A perusal of the reasons mentioned above for reopening of the assessment reveals that there was no new material available with department. It is also […]

HC explains on what grounds invocation of a bank guarantee can be restrained

December 4, 2021 16050 Views 0 comment Print

KSE Electricals Pvt. Ltd. Vs Project Director, Bangladesh Rural Electrification Board And Anr (Calcutta High Court) In contemporary business, trade and commercial transactions, both domestic and international, significant complexities are involved; for instance spatial distance between counterparties who engage in such commercial transactions. As such, it is often very difficult and challenging to approximately assess […]

Rajasthan HC quashed Section 148 notice issued on or after 01.04.2021 in 237 cases

December 4, 2021 11748 Views 0 comment Print

Bpip Infra Private Limited Vs ITO (Rajasthan High Court) In these cases petitioners are aggrieved of issuance of the re-assessment notice u/s.148 of the Income Tax Act, 1961, which according to the petitioners are barred by limitation and that the Department before issuing the notice under Section 148 of the Act has not followed the […]

HC refers Matter back to Commissioner as it was not possible to take a definite view

December 4, 2021 1632 Views 0 comment Print

Since no definite view could be taken that the notice was beyond the period of limitation in terms of the proviso to sub-section (1) of Section 73 and it depend upon the factual examination and adjudication by the adjudicating authority, therefore, the matter was remitted back to the Central Tax Commissioner.

HC quashed reassessment proceedings as reason approved a day after issue of section 148 notice

December 4, 2021 2706 Views 0 comment Print

River Valley Meadows and Township (P) Limited Vs. DCIT (Bombay High Court) Bombay High Court quashed reassessment proceedings where reason approved one day after issue of notice u/s 148 In the present case, notice under Section 148 of the Income Tax Act, 1961 was issued for the A.Y. 2015-16 by the Jurisdictional assessing officer on […]

Section 292BB of Income Tax Act cannot be given a retrospective effect

December 3, 2021 1410 Views 0 comment Print

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to […]

HC grants anticipatory bail to person accused of fraudulently availing & passing on fake ITC

December 2, 2021 3006 Views 0 comment Print

Anticipatory bail was granted to a person accused of fraudulently availing and passing on fake Input Tax Credit (ITC) worth Rs. 72 Crores with some stringent conditions in view of the prior conduct of assessee.

No cenvat credit on catering service availed by assessee-employer to provide food & beverages in factory canteen

December 2, 2021 2889 Views 0 comment Print

Toyota Kirloskar Motor Private Limited Vs Commissioner of Central Tax (Karnataka High Court) No cenvat credit on outdoor catering service availed by assessee-employer for providing food and beverages in factory canteen Conclusion: Services received by assessee in the capacity of employer for providing food and beverages in the canteen maintained and run in the factory […]

GST Evasion accused released on regular bail after 2½ years

December 1, 2021 1809 Views 0 comment Print

The petitioners are alleged to have floated bogus firms and by entering into bogus transactions with bigger firms, they were getting huge amounts deposited in the bank accounts of the bogus firms so floated and were eventually facilitating the big firms to save on GST in a fraudulent manner

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