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Tripura VAT: HC Quashes order passed in Violation of principal of Natural Justice

October 9, 2021 495 Views 0 comment Print

ITC Limited Vs State of Tripura (Tripura High Court) We cannot appreciate the stand of the department that even during the time when the Corona Virus was at its peak, the administrative and legal representatives of the assessee company must appear before the Assessing Officer physically for conducting the hearings. Across the country courts at […]

GST Registration Cancellation not valid if SCN not issued in Prescribed Template

October 9, 2021 5868 Views 0 comment Print

Suresh Trading Corporation Vs The Asst. Commissioner (Circle) of SGST (Madras High Court)  Petitioner has filed this petition challenging the order dated October 10, 2019 in which the GST certificate of the Petitioner was cancelled. However, it is to be noted that SCN which preceded the same was not been issued in the prescribed template […]

HC quashes Faceless Assessment Order Passed without Waiting for DRP direction

October 9, 2021 1266 Views 0 comment Print

Respondent was not in a position to defend and justify the action of the Respondent of passing the impugned assessment order in disregard to the aforesaid circular of the CBDT and also the action of the Respondent concerned in passing the impugned assessment order without getting any instruction from the DRP within the time stipulated under the statute.

It is illegal to attach Director’s personal property for recovery of sales tax dues

October 8, 2021 5316 Views 0 comment Print

The only question that arises is whether for the purpose of recovery of sales tax dues under the Gujarat Value Added Tax Act and Gujarat Sales Tax Act against the private limited company, the personal property belonging to the Managing Director of such company can be attached.

No bail to assessee for alleged of wrongful availment of ITC by fictitious transactions

October 8, 2021 1914 Views 0 comment Print

Assessee who alleged of wrongful availment of Input Tax Credit (ITC) on the basis of fictitious transactions worth Rs. 258 Crores was not entitled to get default bail as the complaint had been filed within 60 days of their arrest which was within the time prescribed for filing of complaint to entitle or disentitle the accused persons for default bail.

Attachment of Bank accounts are not permitted after expiry of statutory time limit

October 7, 2021 4014 Views 0 comment Print

In present facts of the case, the Hon’ble Calcutta High Court allowed the Writ Petition filed by the Petitioner to operate his bank accounts and postal accounts in question, which were attached by the Respondent as time limit of 180 days under section 5 of the Prevention of Money Laundering Act, 2002 were expired.

Technical Glitches not to stand in way of ultimate relief to Taxpayers: Kerala High Court grants GST Refund

October 7, 2021 741 Views 0 comment Print

Dantara Jewellers Vs State of Kerala (Kerala High Court) The Kerala High Court while granting the refund to the taxpayer ruled that all the technical glitches that may occur in between, shall not stand in the way of ultimate relief of the grant of refund to the petitioner. The Petitioner, Dantara Jewellers assailed the order […]

No auto cancellation of Registration of Purchasing dealer for fraud by selling dealer

October 6, 2021 5142 Views 0 comment Print

Bright Star Plastic Industries Vs Additional Commissioner of Sales Tax (Orissa High Court at Cuttack) The Court finds merit in the contention of Mr. Harichandan that for the fraud committed by the selling dealer, which resulted in cancellation of a selling dealer’s registration, there cannot be an automatic cancellation of the registration of the purchasing […]

A change of opinion cannot be the basis of reopening the completed assessment

October 5, 2021 2577 Views 0 comment Print

JRS Pharma and Gujarat Microwax Private Limited Vs DCIT (Gujarat High Court) Question of law: whether the revenue is justified in reopening the assessment for the year under consideration? Writ application filed before the Hon’ble HC of Gujrat challenging notice u/s 148 of the Income Tax Act, 1961 for reopening the assessment for AY 2013-14. […]

HC upheld reopening of computation of surcharge for earlier periods based on binding judgment

October 5, 2021 669 Views 0 comment Print

AO was justified to reopen the computation of surcharge for the periods 2000-01, 2001-02 and 2002-03 as re-computing the tax payable to give effect to the judgment of the Supreme Court, which the authorities were bound to do, could not be termed illegal. 

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