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TNVAT: No action against Buyer for Default of Seller

September 22, 2021 5160 Views 0 comment Print

Infiniti Wholesale Limited Vs Assistant Commissioner (CT) (Madras High Court) Asstt Commissioner (CT) v. Infiniti Wholesale Ltd. [2017] 77 taxmann.com 372 (Mad.) – The Hon’ble High Court of Madras held that if the sales are not disclosed by a seller either in the monthly returns or the tax collected from the dealer is not made […]

Reassessment was justified if assessee failed to make full, true disclosure of all material facts during original assessment

September 22, 2021 1263 Views 0 comment Print

Where assessee had not made full and true disclosure of all material facts during the original assessment, the reopening of the assessment was not based on the change of opinion but the facts which emanated after the rectification application was filed by assessee and it was incorrect on the part of assessee to state that the reopening of the original assessment was on assumptions and presumptions.

Rajasthan HC quashes petitions seeking tax relief on the sale of liquor

September 22, 2021 1806 Views 0 comment Print

Babu Khan Vs State of Rajasthan (Rajasthan High Court) In Babu Khan v. State of Rajasthan and Ors. there were a total of 121 Writ Petitions filed by the Liquor Vendors seeking waivers on the annual guarantee fee and tax relief for the second wave time period of COVID-19. In the case, the Petitioners contended […]

Section 153C notice issued to a dead person, is unenforceable in law

September 21, 2021 5328 Views 1 comment Print

Late Bhupendra Bhikhalal Desai (Since Decd.) Through Legal Heir Raju Bhupendra Desai Vs ITO (Gujarat High Court) The only proposition of law that is applicable in the present litigation is that a notice, be it under Section 148 of the Act or Section 153C of the Act, issued to a dead person, is unenforceable in […]

Challenge By Tax Bar Association to New Income Tax Portal System

September 20, 2021 37422 Views 29 comments Print

The writ petition filed by the tax Bar Association before the Gauhati High Court seeking a direction from the respondent authorities to restore the old income tax portal immediately due to non functioning to the new income tax portal system (Income Tax Portal 2.0) inasmuch as the genuine tax payer who are interested in paying due taxes and submit the returns are not being able to pay the taxes and submit returns and other forms.

Reopening For Mere Non -Ratification of Section 10B approval not justified

September 20, 2021 756 Views 1 comment Print

Indus Teqsite Private Ltd. (presently known as Data Patterns India Pvt. Vs DCIT (Madras High Court) Merely because the ratification has not been done by a Higher Authority, will it automatically vitiate the approval, which was granted by the Competent Authority namely the Development Commissioner. The learned Single Judge, after noting that the said assessee […]

No TDS on Sale of Software by treating it as Royalty

September 20, 2021 3588 Views 0 comment Print

Financial Software and Systems Private Limited Vs CIT (Madras High Court) The question of law which is involved is with regard to whether the assessee was liable to deduct Tax at Source in respect of the Computer Software which was dealt with by them, procured from a Non-Resident and sold in the Indian Market. This […]

Sale of carbon credits is capital receipt and not taxable

September 20, 2021 3009 Views 0 comment Print

carbon credit is not even directly linked with the power generation and the income is received by sale of the excess carbon credits. Lastly, the Court inferred that the Tribunal had rightly held that it is a capital receipt and not business income.

GST: Scope of Section 6(2)(b) & Section 70 is different & distinct

September 20, 2021 12849 Views 0 comment Print

Kuppan Gounder P. G. Natarajan Vs Directorate General of GST Intelligence (Madras High Court) Appellant submitted that the State authority has conducted the search and seizure operations and summons had been issued, order of provisional attachment had been passed and in such situation, the respondent cannot initiate any action and issue summons under Section 70 […]

Assertions can’t be verified in absence of documents like shipping bills for GST refund

September 19, 2021 681 Views 0 comment Print

If the Petitioner have claimed and received only the customs duty portion of the drawback and element of IGST (earlier Central Excise Duty and Service Tax) was not included in the drawback rate, granting of IGST refund would not result in double neutralization of input taxes. The Respondents have also never intended to deny a refund of IGST paid on export in cases where only custom components were claimed as drawbacks.

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