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All High Courts

Surplus with deficit as per shareholders’ account should be aggregated with policyholders’ account

August 30, 2021 1083 Views 0 comment Print

Assessee is engaged in the business of life insurance. AO completed the assessment treating the surplus under shareholders account as income from business and taxed at normal rates.

HC dismisses ILFS’s plea challenging SEBI’s SCN imposing penalty

August 30, 2021 2001 Views 0 comment Print

IL & FS Financial Services Limited Vs SEBI (Bombay High Court) Conclusion: Show-cause notice issued for imposition of penalty under section 15HB and 15A(b) of the SEBI Act for violating the provisions of LODR Regulations was according to section 15-I(3) with second proviso or not, that could be decided by the authority at the time […]

Technology to facilitate taxpayer & cannot be used to harass an assessee

August 30, 2021 1374 Views 0 comment Print

Krishan Agarwal Vs. PCIT (Delhi High Court) This Court is of the opinion that technology is intended to ease and facilitate transactions and cannot be used as a basis for harassing an assessee by asking him to repeatedly file unnecessary and irrelevant forms. This Court is also of the view that the software and the […]

Uttarakhand HC upheld levy of Water Tax on hydropower projects

August 30, 2021 5109 Views 1 comment Print

The claim of the petitioners with regard to the ‘flow measuring devices’ not being installed by the Commission under Section 14.1 of the Act falls in the third alternative of adopting an indirect method for assessment of water drawn by the user.

Uttarakhand HC ruling on reversal of ITC on non deposit by supplier

August 28, 2021 3342 Views 0 comment Print

Narula Menthol Vs UOI & Ors. (Uttarakhand High Court) 1. Hon’ble Uttarakhand High Court has quashed the demand intimation letters issued by the GST Dept. which directed the Petitioner to reverse the ITC amounting to Rs. 1.75 Cr on the basis that the supplier from whom the goods were purchased, has failed to deposit the […]

Correctness of reasons can be decided during re-assessment proceedings and not in writ: HC

August 28, 2021 1875 Views 0 comment Print

DCIT Vs Daimler India Commercial Vehicles Private Ltd. (Madras High Court) In the present case on hand, the appellants clearly stated the reason for reopening that particular fact has not been disclosed fully and truly in the assessment proceedings and so whether the assessee had disclosed it or not, can be decided by the authorities […]

Trust Registration cannot be rejected for authorisation to administer trust to 2 Trustees

August 28, 2021 2295 Views 0 comment Print

CIT Vs Angels Educational Trust (Madras High Court) With regard to the observation of the appellant that only two of the Trustees were authorized to administer the Trust, the same was held to be not a reason to reject the case of the assessee-Trust and it is common that the day-to-day activities of a Trust […]

TDS deductible on conveyance allowance by LIC to its Development Officers

August 28, 2021 3651 Views 0 comment Print

Life Insurance Corporation of India Vs. ITO (TDS) (Orissa High Court) The short question that arises is whether LIC had a statutory obligation to deduct tax at source while paying the conveyance/additional allowance to its development officers? In support of the contention that conveyance/additional allowance are not income and therefore not liable for deduction of […]

HC Directs petitioner to apply for provisional release of goods to Custom Authorities

August 28, 2021 1383 Views 0 comment Print

Hazel Mercantile Ltd. Vs Chief Commissioner of Customs (Gujarat High Court) We find from the records of the case is that the though it is a stand of the Union of India that there can be no provisional release of goods pending seizure for which reliance is placed on a decision in the case of […]

Delhi HC permits Salary payment from provisionally attached bank accounts

August 28, 2021 1926 Views 0 comment Print

SPNN Business Services Pvt. Ltd. Vs Commissioner of Central Tax (GST) (Delhi High Court) Hon’ble Delhi High Court directed the Revenue to permit the petitioner company to collect a sum of Rs. 2 crores from bank accounts provisionally attached by the GST Dept, to pay salaries of employees. Facts: The Commissioner of Central Tax (GST), […]

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