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ITC benefit cannot be denied merely for entering details in Wrong Column

February 16, 2021 5970 Views 0 comment Print

Ram Auto Vs Commissioner of Central Taxes & Central Excise (High Court Madras)  In this case The petitioner had filed FORM GST TRAN-1 in time. His only grievance is that he is being denied the benefit of input tax credit for having entered the details in wrong column. The learned counsel for the petitioner drew […]

HC directs DC to consider second declaration under SVLDR as afresh & valid declaration

February 16, 2021 510 Views 0 comment Print

Heard Mr. Jas Sanghavi, learned counsel for the petitioners and Mr. Sham Walve along with Mr. Ram Ochani, learned counsel for the respondents.

HC requests Delhi Governor to notify Nomination of member of Advance Ruling Authority 

February 16, 2021 510 Views 0 comment Print

Having regard to the fact that since November, 2020, the Advance Ruling Authority has not been conducting the hearings, we make a request to the Hon’ble Lieutenant Governor to take up the matter on priority basis and process the nomination received from the CBIC at the earliest.

Detention Order under COFEPOSA ACT cannot be quashed merely for delay in Execution

February 16, 2021 2733 Views 0 comment Print

Harmeet Singh Vs Union of India (High Court of Delhi) Detention order under COFEPOSA ACT cannot be quashed merely for delay in Execution It cannot be concluded that the livelink between the prejudicial activity in which the petitioner was found involved on 1-2.02.2019 and the purpose and object of detention, when the detention order was […]

Delhi VAT: HC set aside order time barred by Section 34 Limitation

February 16, 2021 6543 Views 0 comment Print

K. R. Ananad Vs Commissioner of Central Goods And Services Tax (Delhi High Court) Petitioner submits that in this case order was passed by ignoring the mandate of Section 34 of the DVAT Act which prescribes limitation for completion of assessment and provides period of four years. In terms of the Section 34, the assessment […]

Forceful Recovery during GST search- HC issues guidelines (Must Read)

February 16, 2021 10611 Views 1 comment Print

No recovery in any mode by cheque, cash, e-payment or adjustment of input tax credit should be made at the time of search/inspection proceedings under Section 67 of the Central/Gujarat Goods and Services Tax Act, 2017 under any circumstances.

Alleged Harassment by GST Authorities – Taxpayer tried to Commit Suicide- HC issues Notices

February 15, 2021 4683 Views 1 comment Print

This is one more matter amongst many other matters that have come up before us over a period of time wherein serious allegations of threats, pressure, coercion, etc. have been levelled against the respondents Nos.3, 4 and 5 respectively. It is pointed out by Dr. Poddar, the learned counsel appearing for the writ applicants that the harassment was to such an extent that the writ applicant No.2 attempted to commit suicide

HC directs PCIT to correct apparent mistake in Form-3 of Vivad Se Vishwas

February 15, 2021 1911 Views 0 comment Print

The petition impugns the Certificate dated 9th January, 2021 issued by the respondent in Form-3, under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020, vide Acknowledgment No.158235220090121, to the extent the same treats the case of the petitioner as a search case.

Candidature cannot be rejected by making employees undergo a test without wearing glasses

February 15, 2021 1944 Views 0 comment Print

The State of Tamil Nadu Vs M. Salai Gayathri (Madras High Court) The issue involved in these batch of Writ Appeals lies in a narrow compass viz., Is a person, who could only perform a regular function by wearing glasses would become disentitle to a post he can otherwise perform, by making an assessment qua […]

Regular Books of Accounts cannot be termed as Incriminating Material

February 15, 2021 2547 Views 0 comment Print

Regular Books Of Accounts Maintained By Assessee Can Not Be Termed As Incriminating Material To Frame Assessment Under Section 153A , All Addition On Basis Of Such Material Is Therefore Invalid

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