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All High Courts

Reference to TPO invalid if AO not satisfied about income arising and/or being affected on determination of ALP

August 26, 2021 3369 Views 0 comment Print

Hitachi Hi Rel Power Electronics Pvt. Ltd. Vs DCIT (Gujarat High Court) A.O. could be said to have overlooked or rather ignored the jurisdictional requirement of a satisfaction in accordance with para 3.4 of the instruction No.3 of 2016 referred to above that there ought to be an income or potential of an income arising […]

Settlement Commission cannot entertain an Application during subsistence of Dispute: HC

August 26, 2021 2181 Views 0 comment Print

Great Lakes Institute of Management Ltd. Vs Customs, Central Excise and Service Tax Settlement Commission (Madras High Court) The Settlement Commission has rightly formed an opinion that the disputed issues cannot be adjudicated in an application filed to settle the issues. Thus, the spirit of provision under the Central Excise Act, in the matter of […]

Reopening after enquiries valid if Assessee is beneficiary of accommodation entries

August 26, 2021 2454 Views 0 comment Print

Bharatkumar Kalubhai Ghadiya Vs ACIT (Gujarat High Court) In the case on hand also, the Assessing Officer has reason to believe that the petitioner is a beneficiary of accommodation entry and basis for formation of such belief is several inquiries and the investigation by the Investigation Wing, Ahmedabad and report thereof. The reasons for the […]

Karnataka HC: Wipro gets supplementary 3% interest on deferred tax refund

August 25, 2021 2250 Views 0 comment Print

Wipro Limited Vs JCIT (Karnataka High Court) Karnataka High Court allowed the additional 3% interest on the delayed Income Tax Refund to Wipro ( Petitioner) from the Deputy Commissioner of Income Tax (DCIT) (Respondent). The Petitioner approached the Writ Court to challenge the order in which the Respondent, DCIT, denied additional 3 percent interest on […]

Karnataka HC directs GST authorities to Permit Filing of Tran-1

August 25, 2021 462 Views 0 comment Print

Malnad Projects Private Limited Vs Union of India (Karnataka High Court) The subject matter of this Writ Petition is substantially similar to the one treated by a Division Bench of this Court in W.A.No.461/2020 (T-RES) between UNION OF INDIA AND OTHERS Vs. M/S AT AND S INDIA PVT. LTD., AND ANOTHER, disposed off on 1.4.2021 […]

TDS on trade discount to news paper vendors & P2P payment to Advertising Agents

August 25, 2021 1368 Views 0 comment Print

PCIT Vs Dempo Industries Pvt. Ltd. (Bombay High Court) Heard the learned Counsel for the parties. 2. This appeal was admitted on 18th October 2016 on the following substantial questions of law: A. Whether the Hon’ble ITAT was right in completely ignoring the decision of the Hon’ble ITAT, Kolkata in ACIT V/s. Bharati Cellular Ltd.(105) […]

GST Assessment order invalid if sufficient opportunity was not granted to petitioner

August 25, 2021 810 Views 0 comment Print

Tvl. J.F. International Vs The Commissioner of Commercial Taxes (Madras High Court) In the instant case, the objections raised by the petitioner through their various replies, in which they have reiterated that they are ready and willing to produce books of accounts, were not considered in the impugned assessment order. But the impugned assessment order […]

HC directs Commissioner for fixation of a special rate to value added to manufactured goods

August 25, 2021 948 Views 0 comment Print

HC direct the Principal Commissioner, GST, Guwahati to consider the application of the petitioner dated 18.05.2020 seeking for fixation of a special rate to the value addition to the manufactured goods of the given financial year and decide the same as per law.

Special Audit: Period petition remained pending for verdict needs to be excluded in computation

August 25, 2021 1584 Views 0 comment Print

Dishman Infrastructure Limited Vs ACIT (Gujarat High Court) Request made by the learned Sr. Advocate Mr.M. R. Bhatt for the respondent to exclude the period during which the present petition remained pending in the High Court after issuance of the notice i.e. from 14.6.20201 till this date, deserves to be considered for the purpose of […]

GST Evasion: Bombay HC refuses Anticipatory Bail to accused

August 24, 2021 1557 Views 0 comment Print

Premprakash laxminarayan bansal Vs State of Maharashtra (Bombay High Court) 1. Apprehending arrest in connection with Crime No. 0178/2021 registered with APMC Police Station, Navi Mumbai for the offences punishable under Sections 420, 406 and Section 34 of the Indian Penal Code, the applicant seeks pre-arrest bail. 2. The subject crime was registered at the […]

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