Sponsored
    Follow Us:

All High Courts

Petitioner entitled to avail NIL rate of withholding tax on aircrafts leased to AIL – Delhi HC

December 1, 2021 1755 Views 0 comment Print

Celestial Aviation Trading 64 Limited Vs ITO (Delhi High Court) Facts- The petitioner entered into an Aircraft Specified Lease Agreement with Air India Limited for lease of one aircraft for a period of 12 years. The case of the petitioner is that the petitioner made applications under Section 197 of the Act for ‘Nil‟ rate […]

HC set aside order as reasons for rejection of GST refund not been recorded in writing

December 1, 2021 12399 Views 0 comment Print

HC set aside the orders rejecting refund application, solely on the ground that reasons for rejection of refund have not been recorded in writing in accordance with Rule 92 of the Central Goods and Services Tax Rules, 2017 (CGST Rules) and remanded back the matter to Revenue Department for reconsideration and directed to complete the exercise expeditiously.

HC directs GST dept to reconsider registration of petitioner as composite dealer instead of regular dealer

December 1, 2021 1458 Views 0 comment Print

Counsel for the petitioner further pointed out that instead of giving composite registration, they have given registration to petitioner as regular dealer vide order dated 09.06.2018 and now even the regular registration is being cancelled vide order dated 30.09.2021

Writ petition not maintainable when statutory alternative remedy was available under IT Act

December 1, 2021 2544 Views 0 comment Print

Tvl. Sree Karumariamman Granites Vs ACIT (Madras High Court) Conclusion: Writ petition was not maintainable when the appeal remedy was available and there was nothing to demonstrate that it was not efficacious. Held: Assessee-partnership firm was carrying on business in quarrying and marketing granites. The Tamil Nadu Minerals Limited (TAMIN), which was a Government company […]

Bad debts allowable as deduction under section 36(1)(vii)

November 30, 2021 5331 Views 0 comment Print

CIT Vs South Indian Bank Ltd (Kerala High Court) Facts- The AO through the assessment order disallowed the claim of the assessee under Section 36(1)(viia). Similarly, the AO disallowed the revaluation of unquoted securities adopted by the assessee. The appeal of the appellant before the Commissioner (Appeals) was allowed in part. Further, in the appeal […]

HC Quashed order Cancelling GST Registration without opportunity of hearing

November 29, 2021 8853 Views 0 comment Print

HC quashed the cancellation of GST registration order as no opportunity of hearing was accorded. Further, said that the denial of opportunity of hearing to the assessee as is mandated in the first proviso to Section 29(2) of the Central Goods and Services Tax Act, 2017 (CGST Act) vitiates the proceedings as well as the orders cancelling the registration.

HC expunges adverse remarks made by Customs Commissioner against an Advocate

November 28, 2021 3912 Views 0 comment Print

The portion of the observations that are highlighted would reflect on the professional conduct of the petitioner, argues his counsel; learned Panel Counsel appearing for the respondents opposes the writ petition contending that the said observations are case specific and therefore petitioner may not read too much in that; so contending he seeks dismissal of the writ petition.

GST registration proceedings cannot be kept pending for failure of assessee fails to reply within given time

November 28, 2021 3549 Views 0 comment Print

Avon Udhyog Vs State of Rajasthan (Rajasthan High Court) Suspension of a registration of an assessee has its own consequences – it brings the entire business of an assessee to a stand still. In a way it is worse than cancellation. Against cancellation, an assessee can take legal remedies but against suspension pending an enquiry, […]

HC quashes Income Tax Assessment Order for violation of Principle of Natural Justice

November 28, 2021 2232 Views 0 comment Print

Tarakeswar Estate Vs Union of India & Ors. (Calcutta High Court) The petitioner has challenged the impugned assessment order dated 20th March, 2021 under Section 143(3) of the Income Tax Act, 1961 relating to assessment year 2018-2019, mainly on the ground of violation of principle of natural justice as well as total non-application of mind […]

HC Refuses Anticipatory Bail to Person accused of Wrongfully Claiming ITC

November 28, 2021 1398 Views 0 comment Print

Premprakash Bansal Vs State of Maharashtra (Bombay High Court) Heard learned Counsel for the parties. 2. Apprehending arrest in Crime No. 0178 of 2021 registered with APMC Police Station, Navi Mumbai for the offences punishable under Section 420, 406 and 34 of the I.P.C, Applicant seeks pre-arrest bail. 3. On 10th August, 2021, this Court declined […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031