Manoj Vijay Sh. Prahalad Vijay Vs Union of India (Rajasthan High Court, Jaipur Bench) The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in Complaint File No. IV(06) 40/AE/JPR/2021 for offence under Section 132 of the Central Goods And Services Tax Act, 2017 (for brevity, “the Act of […]
Three C Homes Pvt. Ltd. Vs. ACIT (Delhi High Court) Assistant Commissioner of Income Tax (Respondent) filed an application for modification/ recall of the order dated July 16, 2021 (Impugned Order), passed in W.P. (C) No. 5912/2021 dated July 16, 2021, directing Central Bureau of Investigation (CBI) to enquiry on doubtful Income Tax Department’s action […]
RKKR Foundation Vs National Faceless Assessment Centre Delhi (Delhi High Court) According to us, what has emerged clearly is that, a request for accommodation was made by the petitioner on 27.04.2021, wherein a reference was made to the CBDT circular dated 24.04.2021, whereby, the limitation for passing the assessment order had been extended till 30.06.2021. […]
YCD Industries Vs National Faceless Assessment Centre (Delhi High Court) The statute [i.e. Section 144B(1)(xiv), (xv), (xvi)b and (xxii)] provides for issuance of a show cause notice-cum-draft assessment order, and an opportunity to the petitioner/assessee to respond to the same where income of the assessee is varied by the respondent/revenue. Admittedly, the petitioner’s income was […]
Satia Industries Limited Vs National Faceless Assessment Centre (Delhi High Court) In the case of Satia Industries Limited Vs. National Faceless Assessment Centre, Delhi in W.P.(C ) 5587/2021 & CM APPL. 17382/2021 (Delhi High Court), it has been considered that since an adverse view was taken, and petitioner’s income got varied, provisions of section 144B(7) […]
Sudhir Desh Ahuja Vs National Faceless Assessment Centre & Ors (Delhi High Court) Impugned orders are liable to be set aside for the following reasons: (i) Firstly, the AO failed to deal with the request of the petitioner, for according an adjournment in the matter. Wife and son of the petitioner were admitted to hospital […]
The petitioner, being an assessee under Telangana GST Act, 2017, CGST Act, 2017, and IGST Act, 2017 is issued a letter specifying, Input Tax Credit (ITC) availed by them are on the basis of fake invoices issued by certain fictitious suppliers/firms. The letter further specifies that, ITC availed by the petitioner is in a fraudulent manner without receiving any material, and the petitioner was requested to reverse ITC on such invoices.
Prafull Kumar Vs State of U.P (Allahabad High Court) It is common knowledge that there is mounting pendency in the Courts. The Judiciary blames the Bar for their disinclination to wrap up the cases by seeking regular adjournments and filing frivolous applications to stall the process of law. The Judiciary is also concerned with the […]
Unutilised ITC is an asset and a statutory right in the hands of the dealer that cannot be defeated by any procedural rules on account of technical glitches. Further held that, granting an opportunity of hearing is only to enable the process of decision-making simpler and it is one of the basic principles of natural justice and such technical issues do not stand in the way of rendering justice.
Ranchi Carrying Corporation Vs Additional Commissioner Grade-2 (Allahabad High Court) By the impugned orders the authorities below have rejected the claim of the petitioner on the ground that the details mentioned in the invoices at serial nos.1 to 9 are not matching with the verifying sheets available with the mobile squad. This much is also […]