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All High Courts

Women cannot be denied Job citing work during night hours

April 9, 2021 1503 Views 0 comment Print

Treasa Josfine Vs State of Kerala (Kerala High Court) It is submitted that the petitioner is an engineering graduate in Safety and Fire Engineering. The 2nd respondent, a public sector undertaking under the State of Kerala, has engaged the petitioner as Graduate Engineer Trainee (Safety) and the petitioner had worked as such for the period […]

HC directs MSME Facilitation council to decide if council is empowered to act as an Arbitrator

April 9, 2021 1350 Views 0 comment Print

Gujarat High Court directs Micro and Small Enterprises Facilitation Council to determine if it can act as an Arbitrator after serving as a Conciliator.

CST Assessment without giving sufficient opportunity is invalid; HC imposes Cost

April 9, 2021 1053 Views 0 comment Print

Spacewood Furnishers Pvt. Ltd. State of Telangana (Telangana High Court) In the last one year, we have noticed at least 200 cases where the Assessing Officer under the CST Act has not issued show cause notice or if they issued notice, they have not considered the response of the assessees, and mechanically confirmed the demand […]

HC directs revenue to consider Application under Vivad Se Vishwas Act, 2020

April 9, 2021 2148 Views 0 comment Print

Sadruddin Tejani Vs ITO (Bombay High Court) The basic facts set out above are not in dispute. Without getting into the merits of the demands by the Revenue or the Application for Revision under Section 264 of the Income Tax Act by the Petitioner, it would be relevant to note that, it is not in […]

Section 143(2) Notice issue not mandatory for completing search assessment

April 9, 2021 7437 Views 0 comment Print

Section 153A only states that an assessment in terms thereof shall be completed in terms of the provisions of the Income Tax Act, 1961 as if such return were a return required to be furnished under Section 139. It would thus suffice that in framing an assessment under Section 153A, due regard must be given to the principles of natural justice, which requirement will stand satisfied either by issuance of notice under Section 143(2) or a question-naire under Section 142(1). Therefore, a notice under Section 143(2) was not to be mandatorily issued prior to completion of an assessment in consequence of a notice under Section 153C.

Wearing Mask Compulsory Even When Driving Alone: Delhi HC

April 9, 2021 5385 Views 0 comment Print

Saurabh Sharma Vs Sub-Divisional Magistrate (Delhi High Court) The word ‘public place’, has to be interpreted in this case in the context of the COVID pandemic. To determine what constitutes a `public place’ the manner in which the Coronavirus can spread is the crucial part. It is now settled and accepted universally that the corona […]

Excise due cannot be demanded on mere presumption without any evidence

April 8, 2021 1119 Views 0 comment Print

Supermax Personal Care Pvt. Ltd. Vs Union of India (Bombay High Court) In the order in original dated 20.11.2019 the adjudicating authority had recorded a clear finding that the only presumption for the demand was that because the maximum retail price of the goods manufactured at Una, Himachal Pradesh and those manufactured elsewhere by the […]

LLP can enter into a partnership with individual or other persons

April 8, 2021 17130 Views 0 comment Print

Jayamma Xavier Vs Registrar of Firms (Kerala High Court) Section 4 of the Partnership Act permits Constitution of a firm or partnership between one or more persons. In this case the partnership deed was executed between an individual and an LLP which is a body corporate having a legal entity and coming within the definition […]

PCIT or CIT cannot revise any order in respect of which an appeal lies or time to file appeal is not expired

April 8, 2021 2217 Views 0 comment Print

Aafreen Fatima Fazal Abbas Sayed Vs ACIT (Bombay High Court) 15. This is a case where, in the Petitioner’s return for the Assessment Year A.Y 2018 – 19, the figure of long term capital gains of Rs. 3,07,60,800/- on surrender of tenancy rights in respect of earlier A.Y 2017-18 had inadvertently been copied by petitioner’s […]

HC explains scope of ‘intimation’ under section 143(1)(a) of Income Tax Act, 1961

April 7, 2021 7251 Views 0 comment Print

AA520 Veerappampalayam Primary Agricultural Cooperative Credit Society Limited Vs DCIT (Madras high court) The scope of an ‘intimation’ u/s 143 (1) (a) of the Act, extends only to the making of adjustments based upon errors apparent from the return of income and patent from the record The scope of an ‘intimation’ under Section 143 (1) […]

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