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Delhi HC Quashed Assessment Order as personal hearing was not provided

May 27, 2021 2223 Views 0 comment Print

Ritnand Balved Education Foundation (Umbrella Organization of Amity Group of Institutions) Vs National Faceless Assessment Centre & Ors. (Delhi High Court) 1. In our view, since the statute itself makes the provision for grant of personal hearing, the respondents/revenue cannot veer away from the same. 2. The impugned assessment order as well as the impugned […]

Govt shall look to waive duties on imports of medicines for Black Fungus

May 27, 2021 471 Views 0 comment Print

LAIEQ Ahmad Siddiqui Vs Goverment of NCT of Delhi (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. During the course of arguments, it has been informed by Mr. Kirtiman Singh that Import Duty payable on import of Amphotericin B, which is a drug being used for treatment of Mucormycosis (Black […]

HC issues notice to revenue for framing Assessment order on issues which were not confronted to assessee

May 27, 2021 1164 Views 0 comment Print

Devgiri Exports Vs ITO (Rajasthan High Court) FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT Learned counsel relies on judgements passed by the High Court of Delhi, Madras and Bombay to submit that the faceless assessment done under section 144B of Income Tax Act, 1961 has been examined by the High Court without insisting […]

HC set aside assessment order passed without issuing SCN-cum-draft assessment order

May 27, 2021 2034 Views 0 comment Print

MS Lokesh Constructions P Ltd Vs ACIT (Delhi High Court) 1. It is required to be noted that initially, the petitioner had declared its income as ₹ 87,55,390/-; which was revised to ₹ 73,59,500/-. 2. Via the impugned assessment order dated 07.04.2021, an addition of ₹ 13,95,890/-, has been made to the declared income of […]

Limitation period for filing a suit for malicious prosecution against customs authorities

May 27, 2021 7230 Views 0 comment Print

The suit for malicious prosecution having been filed on 11th April 2008 which was within the period of one year, was therefore well within the limitation prescribed under The Limitation Act, 1963. Hence, the suit was well within limitation, as the period of limitation under Section 3 and Section 12 of the Limitation Act, 1962, r/w Entry 74 of the Schedule of the Limitation Act, would have ended only on 12th April 2008, which was one day after the date when the suit for malicious prosecution was presented by the Plaintiff/Respondent.

IGST refund stuck due to clerical errors in GST Return- HC issues Notice

May 27, 2021 2664 Views 0 comment Print

Syschem India Limited Vs Union of India & Ors (Delhi High Court) 1. Hon’ble Delhi High Court issued notice in a writ petition seeking direction to revenue for processing of IGST refund on account of export of goods alongside seeking direction to revenue for payment of due interest from the date of shipping bill. 2. […]

HC grants Interim Bail to Person accused of wrongful ITC availment

May 27, 2021 687 Views 0 comment Print

Seema Jain Vs Joint Commissioner Central Goods And Service Tax Ludhiana (Punjab & Haryana High Court) FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT Prayer in this petition is for grant of anticipatory bail to the petitioner for offences under Section 132 (1) (b) & (c) punishable under Section 132 (1) (i) […]

Income from leasing of building with other amenities in industrial park is business income

May 26, 2021 882 Views 0 comment Print

Rao Computers Consultants Pvt. Ltd. Vs DCIT (Karnataka High Court) We have to find out in that context what was the intention of the parties in entering into the lease transaction. It is not the number of agreements, which are entered into between the parties which is decisive in determining the nature of transaction. What […]

Methodology adopted under best judgment assessment order without following any principle is arbitrary

May 26, 2021 2763 Views 0 comment Print

HC set aside the best judgment assessment order passed for non-compliance with the request to file GSTR-3B return, by the Assistant Commissioner under Section 62 of the Central Goods and Services Tax Act, 2017

Attachment cannot be at the cost of right to carry on Business/profession

May 26, 2021 1443 Views 0 comment Print

In the present case, Petitioner submits that Section 67 of CGST cannot be against the future receivables and prays for lifting of the impugned attachment, pending issuance of SCN and determination of tax liability. Madras High court held that attachment proceedings cannot be at the cost of right of provision under Article 19(1)(g) of the Constitution which provides right to practise any profession, or to carry on any occupation, trade or business.

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