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All High Courts

HC places matter of virtual non application of mind and disregard to hierarchy of Courts by Trial Court before Inspecting Committee of HC Judges

March 4, 2021 660 Views 0 comment Print

Air Customs  Vs Begaim Akynova (High Court Delhi) The petitioner, vide the present petition has sought the setting aside of the impugned order dated 06.01.2021 of the learned CMM, New Delhi vide which the learned Trial Court granted permission to the respondent-Begaim Akynova to travel abroad to her home for one year from 06.01.2021 to […]

IGST refund cannot be denied for higher rate of duty drawback claim

March 4, 2021 2904 Views 0 comment Print

Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) It was held that the refund of the IGST paid on the exports cannot be denied on the ground that the higher rate of duty drawback is claimed and circulars are issued only to clarify the statutory provision and it cannot alter or […]

HC directs U.P. RRDA to ensure reimbursement of GST to contractor

March 4, 2021 2850 Views 0 comment Print

Maa Vindhya Vasini Constructions V. Sujit Kumar C.E.O (Allahabad High Court) The grievance of the applicant company is that despite deposit of GST from its own source, opposite parties failed to refund the applicant the tax component. Aggrieved, applicant approached this Court by filing a writ petition which came to be disposed of vide order […]

Allahabad HC Restrains Govt. From Establishing GSTAT in UP

March 4, 2021 789 Views 0 comment Print

Having considered the arguments advanced and also the instructions communicated to us on behalf of respondent nos. 1 and 2, we deem it appropriate to direct respondent nos. 1 and 2 for not establishing Goods and Services Tax Appellate Tribunal for the State of Uttar Pradesh without leave of this Court.

HC quashes Section 148 Notice issued without prior administrative approval of PCIT

March 4, 2021 2580 Views 0 comment Print

According to Mr. Mahna, the administrative approval of Principal Chief Commissioner, Income Tax was obtained by the Assistant Commissioner, Income Tax only on 30.03.2018, i.e., after the issuance of the notice under Section 148 of the Act.

Consider application claiming for a special rate to be fixed based on add-ons made to goods manufactured: HC directs GST Commissioner

March 3, 2021 474 Views 0 comment Print

Ahinsha Chemicals Ltd. Vs Union of India (Gauhati High Court) This petition is instituted on the grievance that the Notification dated 27.03.2008 having been restored as per the judgment of the Supreme Court, two application dated 28.09.2020 under Clause 3(1) of the Notification No.20/2008-Central Excise dated 27.03.2008 was submitted by the petitioner claiming for a […]

HC dismisses condonation request made without submitting relevant evidence

March 3, 2021 1203 Views 0 comment Print

The present writ petition has been filed on 08.12.2020 with a delay of 1282 days. The entire blame for the delay has been placed at the door step of the tax consultant, who, according to the petitioner had prepared an appeal against the impugned order and, the petitioner believed, would file the same. The petitioner states that it could not follow up the matter with the consultant on account of severe financial losses and infighting between the partners in regard to the company’s management. No evidence whatsoever, has been placed in support of this submission and the delay of 1282 days amounting to nearly three years cannot be condoned on mere ipse dixit. Hence this Writ Petition is dismissed in limine.

No Section 68 Addition for Amount Already Shown Under Sales

March 3, 2021 3327 Views 0 comment Print

PCIT Vs Singhal Exim Pvt. Ltd. (Delhi High Court) On the aspect of additions being made under Section 68 of the Act, we notice that the ITAT was intrigued with the approach of the AO, and rightly so, in our view. The Assessee had worked out the business income after considering the sales and purchases […]

Appeal filed with condonation request is pending but not admitted appeal & Eligible for VSV Scheme

March 3, 2021 3267 Views 0 comment Print

Shyam Sunder Sethi Vs PCIT (Delhi High Court) The fact that the appeal included a plea of condonation of delay is not in dispute. Therefore, the appeal could not have been admitted unless the delay was condoned. But that by itself does not efface the fact that the appeal was pending. An appeal would be […]

Plea in HC to direct Govt to declare Judges, Advocates & Staff as frontline workers

March 3, 2021 354 Views 0 comment Print

Court On ITS Own Motion Vs Union of India & Ors. (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. To deal with the raging COVID-19 Pandemic, and to provide protection to the masses, the Central Government and the State Governments have rolled out the vaccination drive. In the first round, the frontline […]

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