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Delhi HC stays double proceedings by State & Central GST Officers

April 28, 2021 2520 Views 0 comment Print

Koenig Solutions Private Limited Vs Union Of India & Ors. (Delhi High Court) Delhi High Court by order dated 28.04.2021 granted stay on the proceedings/ summons by CGST officer, when proceeding already conducted by State Tax Officer. 1. Delhi High Court by order 28.04.2021 in WP (C) No 5040/2021 in the matter of M/s. Koenig […]

GST: Assessment order passed without supplying third party evidence relied on: Set aside by Madras HC for violation of principles of natural justice

April 27, 2021 2523 Views 0 comment Print

Sri Muniappa Steels Vs Assistant Commissioner (Madras High Court) GST: Assessment order passed without supplying the third party evidence relied on: Set aside by the Madras HC on grounds of violation of principles of natural justice. An assessment order passed under the GST laws, based on a statement given by a third party dealer for […]

Service Providers rendering services to Telecom Service Providers eligible SEIS benefit

April 27, 2021 1968 Views 0 comment Print

Service Providers in Telecom Sector” meant and included only the Telecom Service Providers of services mentioned therein. The ambit and scope of such exclusion was not of Service Providers who render services to such Telecom Service Providers. Though, a similar list was not appended to FTP or HBPv1, there was no reason for a different interpretation to be placed to FTP 2015-20. Clearly, what was made ineligible for availing benefit of SEIS in terms of paragraph 3.09(2)(i) were the Telecom Service Providers and not the Service Providers who provide services to such Telecom Sector.

Allahabad HC on What to do to Contain Covid Spread & Panchayat elections

April 27, 2021 3693 Views 0 comment Print

Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Vs State of U.P. (Allahabad High Court) FULL TEXT OF THE JUDGMENT/ORDER of ALLAHABAD HIGH COURT 1. In online hearing of this Public Interest Litigation, we have heard Shri Manish Goel, learned Additional Advocate General assisted by Shri A.K. Goel, learned Additional Chief […]

Authority could not deny benefit of Vivad Se Vishwas scheme if assessee was eligible for the same

April 27, 2021 1860 Views 0 comment Print

Bhupendra Harilal Mehta Vs Principal Commissioner of Income Tax (Bombay High Court) Conclusion: Direct Tax Vivad Se Vishwas (DTVSV) Act, 2020  was a beneficial legislation and department could not deny the benefit if assesee was eligible for the same. Thus, department had to pass a fresh order in Form No.3 determining tax payable by assessee as […]

AO can initiate reassessment if excess deduction was allowed based on wrong information supplied to it

April 27, 2021 1167 Views 0 comment Print

Aircel Cellular Limited Vs DCIT (Madras High Court) Legal provisions involved As per first proviso to Section 147 where assessment has already been made under Section 143(3) and assessee had disclosed truly and fully all material facts necessary for assessment then AO cannot initiate reassessment proceedings under Section 147 beyond 4 years from end of […]

Clarification to be obtained on whether Resolution Plan include customs duty payable

April 26, 2021 1815 Views 0 comment Print

Ruchi Soya Industries Ltd. Vs Union of India (Madras High Court) Conclusion: Once a resolution plan was duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the […]

HC accepts appeal against order passed by NeAC without providing opportunity of hearing

April 26, 2021 1152 Views 0 comment Print

Dar Housing Limited Vs National E-Assessment Centre Delhi & Anr. (Delhi High Court) Delhi High Court admitted and granted stay against assessment order passed passed by National e-assessment centre by not considering the submissions of the assessee and not providing the opportunity of hearing to the assessee. FULL TEXT OF THE JUDGMENT/ORDER of DELHI HIGH COURT 1. […]

Tripura VAT: No penalty for not getting accounts audited as audit report format was not notified

April 26, 2021 579 Views 0 comment Print

Pankaj Behari Saha Vs State of Tripura (Tripura High Court) Analysis of Section 53 of the TVAT Act would show that as per sub-section (1) thereof, for a dealer whose turnover crosses the prescribed threshold limit for any year, has to get his accounts audited within six months from the end of that year and […]

HC directs ICAI to recognise & record retirement of CA from Partnership Firm

April 26, 2021 6804 Views 1 comment Print

Joshi John Vs Institute of Chartered Accountants of India (Kerala High Court) It is not disputed that ‘M/s. R. Menon and Associates’ is a partnership at will. Section 43 of the Indian Partnership Act, 1932 provides that when a partnership is ‘at will’, the firm may be dissolved by any partner giving notice in writing […]

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