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All High Courts

No Reopening on Borrowed Satisfaction when view was already taken by AO

February 19, 2021 1530 Views 0 comment Print

Alliance Filaments Ltd Vs ACIT (Gujarat High Court) A plain reading of the reasons recorded revels that the Assessing Officer has solely relied on the information received from the Investigation Wing- Surat. We are of the view that, the Assessing Officer has not applied his independent mind while recording the reasons that the income has […]

Appeal cannot be dismissed Merely For Non-Prosecution

February 19, 2021 4062 Views 0 comment Print

Pradeep Kumar Jindal  Vs PCIT (Delhi High Court) In the present case, admittedly, there is no adjudication by the ITAT on merits. In our opinion, the order dated 10th December, 2015 of the ITAT, dismissing the appeal of the petitioner for non-prosecution and not on merits, as the ITAT was required to do notwithstanding the […]

GST: HC removes bank account attachment subject to maintenance of Balance as on the day of attachment

February 19, 2021 864 Views 1 comment Print

SKF Finvest Advisory Pvt. Ltd. Vs Union of India (Gujarat High Court) We dispose of this writ­ application directing the writ­ applicant that he shall maintain the minimum balance of Rs.22 lac in the bank account in question up to 21st September 2021. On this condition, we permit the writ ­applicant to operate his bank […]

HC Grant Bail to accused in case of alleged wrongful ITC claim under GST

February 19, 2021 1116 Views 0 comment Print

Counsel for the Union of India has vehemently opposed the bad application. It is contended that fake firms were created for claiming input tax credit. From the investigation, it is revealed that the firms were fake. The proprietor and owner of the firms are not traceable. It is further contended that evasion of tax has an effect on the economy of the Nation and Court should not be liberal in granting bail to such offenders.

HC issues notice on rejection of SVLDRS-01 (Coverage of Redemption Fine)

February 19, 2021 363 Views 0 comment Print

M/s Premier Bars Private Limited Vs Union of India (Rajasthan High Court) Learned counsel for the petitioner submitted that the petitioner company applied for settlement of arrears of demand raised in pursuance of order dated 30th March, 2017 and as such, submitted application under the provisions of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. Learned […]

HC allows operation of Bank account subject to Maintenance of amount attached by GST Dept.

February 19, 2021 1026 Views 0 comment Print

SKJ Finvest Advisory Pvt. Ltd. Vs Union of India (Gujarat High Court) Mr. Nainawati, the learned counsel appearing for the writ­applicant submits that his client shall maintain the minimum balance of Rs.22 lac in the bank account which has been attached by the department. According to Mr. Nainawati, at the time of attachment of the […]

CIT cannot revise assessment order passed by AO without assigning any reason

February 18, 2021 1017 Views 0 comment Print

CIT Vs Y.V. Subramaniam (Madras High Court) The Tribunal, while allowing the assessee’s appeal, observed that the assessment order was passed after making full verification and the order of the CIT is based on no reason and he has simply given an abrupt finding that the assessment order is erroneous insofar as it is prejudicial […]

GST officer can suspend registration during pendency of proceedings relating to cancellation of registration

February 18, 2021 1059 Views 0 comment Print

Kans Wedding Centre Vs Commissioner Of Commercial Taxes (Kerala High Court) in the event the registered persons fail to file returns for a continuous period of six months, the proper officer can cancel the registration, but that has to be done by granting opportunity of hearing to the registered person. Rule 22 of the GST […]

Amendments to bye-laws of Society operates prospectively while granting Section 12AA registration

February 18, 2021 2505 Views 0 comment Print

Hon’ble Supreme Court of India in the case of Commissioner of Income-Tax Vs. Kamla Town Trust reported in (1996) 84 Taxman 248 (SC) held that the rectification shall not have retrospective effect and would operate prospectively from the date when the rectification saw the light of the day.

Summon can be issued by GST Authorities to give evidence & produce documents

February 18, 2021 8463 Views 0 comment Print

Jsk Marketing Limited & Anr Vs Union of India & Ors. (Bombay High Court) A conjoint reading of Section 14 of the Central Excise Act, 1944, Section 83 of the Finance Act, 1994 and  Section 70 & 174 of the CGST Act show that though the Central Excise Act and the Finance Act, 1994 to […]

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