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All High Courts

Assessment Order passed on Non-Existing Company is void ab initio

May 18, 2021 3093 Views 0 comment Print

PCIT Vs Sony Mobile Communications India Pvt. Ltd. (Delhi High Court) 1. The Assessment Order was made in the name of the assessee in which return of income was filed but the Assessee had already been amalgamated in another company and so the order was passed in the name of a non existent company. 2. […]

Gauhati HC stays Penalty imposed by Railways for misclassification of goods

May 18, 2021 996 Views 0 comment Print

Vinayak Logistics and Anr Vs Union of India and 7 Ors (Gauhati High Court) Mr. Saraf, learned Senior counsel submits that such action of demand for misdeclaration that too after delivery of goods is in specific violation of Section 78 and 83 of the Railways Act 1989 and the law is settled by this Hon’ble […]

Conduct of lottery by an outside state: Host state can make appropriate rules to monitor  

May 17, 2021 1239 Views 0 comment Print

State of Kerala Vs Future Gaming & Hotel Services (P) Ltd. (Kerala High Court) The Hon’ble High Court of Kerala in State of Kerala & Ors Vs. Future Gaming & Hotel Services (P) Ltd [WA.No.78 of 2021], declared that a host state (where lottery is selling) has legislative competence to make appropriate rules to scrutiny […]

HC quashes decade old SCN proposing to recover deficit in excise duty payment

May 17, 2021 1326 Views 0 comment Print

Swati Menthol & Allied Chemicals Ltd. and Anr. Vs Commissioner GST & Central Excise (Punjab and Haryana High Court) We find that the notices in the present cases having been issued more than decade back and the proceedings having not been concluded within reasonable time, the same deserves to be quashed. The subject matter in […]

State can allow certain industries to function during unless it shown that such decision was absurd to meanest mind

May 17, 2021 408 Views 0 comment Print

Workmen of Renault Vs State of Tami Nadu (Madras High Court) Workmen of Renault-Nisan, Wipro Infrastructure & MRF filed Petitions with Madras High Court & contended that the safety or health of the workment cannot be compromised to keep the units functioning. High Court Observed as follows:- Prima facie, it appears that a policy decision […]

Abatement of duty cannot be withheld for failure of Excise Superintendent to draw proper proceedings

May 17, 2021 558 Views 0 comment Print

Dharampal Satyapal Ltd. Vs Commissioner of Central Excise and Service Tax (Tripura High Court) In terms of sub-rule (5) of Rule 6 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010, the machines which the manufacturer does not intend to operate would be uninstalled and sealed by […]

Withholding of CA Student Result for Criticism of ICAI; HC Grants relief

May 13, 2021 31644 Views 22 comments Print

Risha Lodha D/O Bhagwat Singh Lodha Vs Institute Of Chartered Accountants Of India (Rajasthan High Court) (1)  The petitioner, a young girl-student of 21 years of age, has knocked at the doors of this Court being aggrieved by extreme oppressive action of a professional body-The Institute of Chartered Accountants of India (for short, ‘Institute’), which […]

Explanation 2(c) to Section 147 is merely to explain the scope of re-assessment

May 13, 2021 2199 Views 0 comment Print

Sanmina-SCI Technology India Private Ltd. Vs ACIT (Madras High Court) Explanation 2(c) to Section 147 will not come to the aide of the relevance as, while the income chargeable has been made subject to excessive relief, the explanation cannot override the statutory prescription of limitation as set out in the proviso to Section 147. The purpose of the […]

Delhi HC quashes provisional attachment order of bank a/c of Director on fake ITC allegations on its company

May 12, 2021 1527 Views 0 comment Print

Roshni Sana Jaiswal Vs Commissioner of Central Taxes (Delhi High Court) The petitioner was acting as a director on the Board of Directors of a company, between 2006 and 2008 and the department initiated investigation against that that company alleging that the company was availing Input Tax Credit against fake/ineligible invoices. The petitioner was also […]

Personal bank accounts of promoters cannot be attached under CGST

May 12, 2021 1311 Views 0 comment Print

Roshani Sana Jaiswal Vs Commissioner of Central Taxes (Delhi High Court)  Delhi High Court which ruled that  personal bank accounts of promoters cannot be attached under CGST 1. The respondent, before triggering the provisions of Section 83 of the Act, had to satisfy itself that there was a ‘pending’ proceeding under the provisions of Section […]

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