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HC lifts Provisional GST assessment as no Section 73 & 74 proceedings were pending

August 19, 2021 2868 Views 1 comment Print

Powers under Section 83 of the GST Act with regard to provisional attachment could be exercised only during pendency of proceedings either under sections 62 or Section 63 or Section 64 or Section 67 or Section 73 or Section 74.

HC stays section 148 notice issued after 31.03.2021 as per omitted provisions

August 18, 2021 1494 Views 0 comment Print

Vijay Kumar Devnani Vs ITO and Anr. (Madhya Pradesh High Court) Madhya Pradesh High Court Stays Section 148 notice issued after 31st March 2021 as per the section 148 provisions which were effective only till 31st March 2021. The petitioner has challenged the validity of the Notification No. 20/2021 dated 31.03.2021 and Notification No. 38/2021 […]

HC stays section 148 notice issued after 31st March, 2021

August 18, 2021 2136 Views 0 comment Print

Sai Kripa Farms Vs ITO (Madhya Pradesh High Court) In this judgements notice issued u/s 148 have been stayed by the Madhya Pradesh High Court for being issued after 31st March, 2021 as per the omitted provisions. The petitioner has challenged the validity of the Notification No. 20/2021 dated 31.03.2021 and Notification No. 38/2021 dated […]

Reopening for accommodation entry based on inquiries & Investigation report was valid: HC

August 18, 2021 3240 Views 0 comment Print

Sanjay Baulal Surana Vs ACIT (Gujarat High Court) 1. The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to […]

HC rejects Plea Seeking Waiver Of Detention Charges Imposed By ICDs & CFSs During Lockdown

August 18, 2021 3108 Views 0 comment Print

Polytech Trade Foundation Vs Union of India (Delhi High Court) Conclusion: These are all issues involving disputed questions of fact, not amenable to adjudication under Article 226 of the Constitution of India. It is not open to the Court – just as it was not open to the executive authorities – to approach the matter solely […]

P&H HC allow Spicejet to pay GST dues in installment

August 17, 2021 1257 Views 0 comment Print

Current writ petition has been filed by SpiceJet Limited (Petitioner) to quash the Notice bearing No. 1273, ETO/W-1/GGM (North) dated July 27, 2021 which provided to the Petitioner to discharge its statutory tax dues.

HC Court directs GST dept to consider ‘Spicejet’ Plea of paying GST dues in Installments

August 17, 2021 927 Views 0 comment Print

Spicejet Limited Vs Excise And Taxation Officer Cum Proper Officer (Punjab & Haryana High Court) 1. This petition has been filed under Article 226 and 227 of the Constitution of India for quashing the notice bearing No. 1273, ETO/W-1/ GGM (North) dated 27.07.2021 (Annexure P1) to discharge its statutory tax dues, or in alternate direct […]

Writ Petition Against section 148 Notices In Bombay High Court

August 16, 2021 8619 Views 0 comment Print

Mansi Ankit Bhalaria Vs Union of India And Ors. (Bombay High Court) A  NUMBER OF WRITS FILED IN BOMBAY HIGH COURT AGAINST NOTICES UNDER SECTION 148 AND VIRES OF TAXATION AND OTHER LAWS ACT 2020 ALSO CHALLENGED, STAY GRANTED According to petitioners, the extension of time limit granted under The Taxation and Other Laws (Relaxation […]

Delhi HC stays assessment framed u/s 143(3)/144B

August 16, 2021 2637 Views 0 comment Print

Centum Finance Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) Delhi High Court, in the case of Javin Centum Finance Ltd. vide order dated 12.8.2021, set aside the assessment , which was framed 143(3) r/s section 144B of the Income Tax Act, 1961 on 11.6.2021, on the basis of notices issued […]

Alleged Wrongful input tax credit : HC dismisses Plea for anticipatory bail

August 15, 2021 900 Views 0 comment Print

Hema Garg and another Vs State of Haryana and another (Punjab & Haryana High Court) It is submitted that in the instant case, the petitioners are praying for anticipatory bail, in response to the notices issued by the respondents-Department, just in the shape of demand in form GST DRC-01A with an advice to pay the […]

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