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Alleged Wrongful availment of ITC: HC Grants Bail to accused

August 4, 2021 1218 Views 0 comment Print

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 […]

HC Accepted Department’s apology & recalled CBI inquiry over automated mail

August 3, 2021 933 Views 0 comment Print

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 […]

HC quashes Assessment order passed for not granting personal hearing despite request

August 3, 2021 1512 Views 0 comment Print

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. […]

HC set aside assessment order passed without issuing show cause notice-cum-draft assessment order

August 3, 2021 5061 Views 0 comment Print

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 […]

Section 144B(7) get triggers if petitioner’s income got varied

August 3, 2021 1809 Views 0 comment Print

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) […]

HC set aside Assessment order passed despite request for adjournment due to family admitted to Hospital

August 3, 2021 1008 Views 0 comment Print

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 […]

No Demand can be raised during investigations: Telangana HC

August 3, 2021 4986 Views 0 comment Print

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.

HC deprecates practice of lawyers to abstain from work in Courts

August 3, 2021 993 Views 0 comment Print

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 […]

Transfer of unutilized ITC in GST cannot be denied on account of technical glitches

August 3, 2021 3774 Views 0 comment Print

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.

Mis-Match of Invoice details with details available with mobile Squad violates Rule 138: HC

August 2, 2021 1287 Views 0 comment Print

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 […]

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