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HC stays section 148 notice for non-compliance of Section 148A

July 15, 2021 2322 Views 0 comment Print

Bagaria Properties and Investments Private Limited & Anr. Vs Union of India and Ors. (Calcutta High Court) The Court:-In this matter petitioners have challenged the impugned notices dated 29th May, 2021 and 18th June, 2021 relating to assessment years 2014-15 and 20 15-16 respectively under Section 148 of the Income Tax Act, 1961 on the […]

HC directed to adjudicate matter before Tribunal as it involved adjudication on technical points w.r.t. business transactions

July 14, 2021 849 Views 0 comment Print

M/s. BAPL Industries Limited Vs Union of India (Madras High Court) HC directed to adjudicate matter before Tribunal as it involved adjudication on technical points w.r.t. business transactions In M/s BAPL Industries Limited v. Union of India [W.P. 27387/2011 and MP No. 1/2011 & 1/2013 decided on July 14, 2021], M/s BAPL Industries Limited (Petitioner), […]

RWAs/Societies to pay GST on members’ monthly contribution exceeding Rs. 7500: HC

July 14, 2021 15333 Views 5 comments Print

Greenwood Owners Association Vs Union of India (Madras High Court) In the case of Dilip Kumar (supra), the Supreme Court reiterates the settled proposition that an Exemption Notification must be interpreted strictly. The plain words employed in Entry 77 being, ‘upto’ an amount of 7,500/- can thus only be interpreted to state that any contribution […]

LR of deceased not obliged to intimate death to Income tax deptt & get PAN cancelled

July 14, 2021 6819 Views 0 comment Print

Delhi High Court quashed reopening notice as well as reassessment order & all consequential proceedings initiated in the name of deceased & also held, interalia, that the LR of deceased are not obliged to intimate death to Income tax deptt & get PAN cancelled & that reassessment order can be challenged in such cases in writ petition.

Article 25 not Gives any Immunity from Taxation to nuns & priests: Kerala HC

July 13, 2021 5199 Views 0 comment Print

Nirmal Rani Provincial House Vs. Union of India (Kerala High Court) Facts: 1. The appellants submitted that the salaries received by the nuns and priests and made over to the religious congregations were not chargeable to income tax, and tax was never deducted at source from the salaries paid to them. They relied upon circulars […]

Compensation paid to tenant for vacation of land allowable as deduction from Capital Gains

July 13, 2021 9057 Views 0 comment Print

Trimm Exports Private Limited Vs DCIT (Karnataka High Court) The issue which arises for consideration in this appeal is whether an amount of Rs.1 Crore paid as compensation by the appellant to the lessee can be claimed as expenses incurred in connection with transfer of the capital asset. The assessee was the owner of land […]

HC Allowed refund of IGST paid on ocean freight

July 13, 2021 1827 Views 0 comment Print

To issue appropriate writ/order/direction to the effect declaring Sr. No. 9(ii) of the Notification No. 8/2017-Integrated Tax (Rate) dated 28.06.2017 to be an unconstitutional and ultra-vires to the provisions of the Integrated Goods and Service Tax Act, 2017 to the extend it prescribe rate for levy of Integrated-tax on services by way of transportation of goods by vessel from a place outside India, up to custom station of clearance of India, where service provider i.e. supplier of service and service recipient i.e. recipient of service both are located in non taxable territory i.e. Outside India;

Rajasthan HC struck down GST on Ocean Freight

July 13, 2021 1581 Views 0 comment Print

Mahesh Vegoils Private Limited Vs Union Of India (Rajasthan High Court) Petitioner has filed the petition under Article 226 of the Constitution of India seeking following reliefs:- “a. To issue appropriate writ/order/direction to the effect declaring Sr. No. 9(ii) of the Notification No. 8/2017-Integrated Tax (Rate) dated 28.06.2017 to be an unconstitutional and ultra-vires to the […]

Rajasthan HC struck down GST on Ocean Freight- Followed Mohit Mineral

July 13, 2021 2178 Views 0 comment Print

Lakhpat Trading And Industrys Private Ltd. Vs Union Of India (Rajasthan High Court) Petitioners have filed the petition under Article 226 of the Constitution of India seeking following reliefs:- “(i) Section 9 of the Constitution (One Hundred and First Amendment) Act, 2016 in so far as the same introduced Explanation to Clause 1 of Article […]

Delhi HC stays section 148 proceedings through a reasoned order

July 13, 2021 2142 Views 0 comment Print

Mudra Finance Limited Vs ITO (Delhi High Court) Petitions have been heard by way of video conferencing. Present writ petitions have been filed challenging t he notices dated 09th June, 2021, 30th June, 2020 and 28th June, 2020 issued in W.P. (C) 6442/2021, 6443/2021 and 6451/2021 respectively by respondent No.1 under section 148 of the Income Tax […]

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