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Constitutional validity of Rule 86A of CGST Rules challenged

June 29, 2021 3036 Views 0 comment Print

MRS Realty Private Ltd. and Anr. Vs Union of India and Ors. (Calcutta High Court) Calcutta High Court issued a notices to the Centre as well as State Government in a writ petition where vires of Rule 86A was also challenged and it was also prayed to read down section 16(2)(c) of The CGST Act. […]

HC explains period for which interest payable on pre-deposit refunded

June 29, 2021 2139 Views 0 comment Print

M/s. Maithan Ceramics Limited Vs The Commissioner of Central Tax (Andhra Pradesh High Court) An analysis of the aforesaid statutory morphism would show while the original provision stipulated interest would be payable at a rate specified in Section 27A after expiry of three months from the date of communication of the order of the appellate […]

HC cannot conduct a roving enquiry with reference to facts & circumstances

June 29, 2021 2460 Views 0 comment Print

M/s. NCR Corporation India Pvt. Ltd. Vs. Commissioner of GST and Central Excise (Madras High Court) The power of judicial review of the High Court under Article 226 of the Constitution of India is to scrutinize the processes through which a decision is taken by the competent authority, by following the procedures as contemplated, but […]

Low Tax Effect Appeal cannot be Filed In HC for Low Tax Effect Appeals If Review Application Before Tribunal Has Already Been Filed

June 28, 2021 2826 Views 0 comment Print

PCIT (Central) Vs Rashmi Rajesh Bafna (Gujarat High Court) Appeals Could Not Be Filed In High Court As Per CBDT Circular No. 23/2019 On Low Tax Effect Appeals If Review Application Before Tribunal Has Already Been Filed When Revenue Already Filed Rectification Application Before Tribunal For Review Of Order Which Has Been Dismissed Than Appeal […]

PMLA: Provisional Attachment quashed as No direct Nexus established between properties forfeited & Income

June 28, 2021 6144 Views 0 comment Print

HDFC Bank Limited Vs Government of India (Patna High Court) In the case on hand what is noticeable that the statutory authority under Section 5 of the P.M.L.A., 2002 has not acted in accordance with the provisions of the enactment in question rather acted in defiance of the fundamental principles of judicial procedure and in […]

HC quashes Order passed hastily without considering objection of Assessee

June 28, 2021 792 Views 0 comment Print

Parvati Resources Pvt. Ltd. Vs ITO (Calcutta High Court) HC finds that the contention of the respondents that it was time barring matter is not acceptable in view of the fact that the relevant assessment order to be revised was received by the petitioner on 4th February, 2020 and as per the statute, limitation is […]

No grant of pre-emptory injunction to Sushant’s father for violation of right to privacy

June 26, 2021 1113 Views 0 comment Print

Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court) Conclusion: Plaintiff i.e., Sushant Singh father  had failed to satisfy the three-pronged test for grant of pre-emptory injunction to restrain exhibition of the films and defendant had filed numerous documents to show that the said film was being publicized and promoted since August, 2020. Therefore, Plaintiff […]

Madras high Court on quashing 143(2) sans GKN Driveshafts being followed

June 25, 2021 7251 Views 0 comment Print

McKinsey Global Service India Private Limited Vs ACIT (Madras High Court) 6. The contention of the petitioner is that the principles laid down by the Hon’ble Supreme Court of India, re-opening of assessment proceedings in the case of GKN Driveshafts India Ltd., Vs. ITO reported in (2003) 259 ITR 19 (SC) has not been complied […]

Revision petition to CIT maintainable despite dismissal of first appeal at CIT(A) at admission stage

June 25, 2021 1041 Views 0 comment Print

S. Ravinder Vs CIT (Telangana High Court) It is also to be noted that Section 251(1)(a) of the Act stipulates that an appeal filed before the appellate authority to be considered as disposed, would require such order under challenge to be either confirmed, reduced, enhanced or annulled. It goes without saying that the disposal is […]

Alternative claim of section 10A exemption allowed on export of software & IT-enabled service

June 25, 2021 4638 Views 0 comment Print

Assessee was entitled to alternative claim of exemption on export of software and IT enabled service under section 10A by following the decision in case of 2020 (113) taxmann.com 74 (SC) [Commissioner of Income-Tax III v. Mphasis Ltd.]

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