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All High Courts

GST Assessment Order Referenced in Electronic Filing constitutes Substantial Compliance: HC

May 16, 2024 588 Views 0 comment Print

It observed that since the assessment order was already available on the department website, the petitioner had referenced it while filing the appeal electronically. Therefore, the Court concluded that the requirement was substantially met, and the date of filing should have been considered as 26.09.2022.

AO Cannot Transfer Income Tax Assessment Without Section 127 Order: Delhi HC

May 16, 2024 2580 Views 0 comment Print

Detailed analysis of Raj Sheela Growth Fund (P) Ltd vs ITO case where Delhi HC ruled that without a Section 127 transfer order, AO cannot proceed with assessment.

SCN & orders issued within a short timeframe, Adjournment request disregarded: HC Set-aside GST order

May 16, 2024 417 Views 0 comment Print

Read the full text of the Madras High Court judgment setting aside GST demand orders in Tvl. Sri Nallamal Steels vs Assistant Commissioner (ST). Adjournment request disregarded, no reasonable hearing opportunity provided.

Lack of Participation: Madras HC Remands Income Tax Reassessment & Penalty Orders

May 16, 2024 315 Views 0 comment Print

Madras High Court remands assessment and penalty orders due to lack of participation, granting the petitioner a chance to respond to the show cause notice.

Madras HC Mandates 10% Pre-deposit for Remand in GST Disparity Case

May 16, 2024 354 Views 0 comment Print

Madras High Court orders remand in GST discrepancy case, mandating 10% pre-deposit by petitioner for reconsideration of tax demand.

Section 144B(6) Mandates Personal Hearing upon Assessee’s Request: Allahabad HC

May 16, 2024 561 Views 0 comment Print

Sec. 144B mandates AO to offer a hearing post show-cause notice. If requested, personal hearing is obligatory, not discretionary, in assessment.

UPVAT Section 29 reassessment is limited to matters directly impacting turnover assessment or tax liability

May 16, 2024 207 Views 0 comment Print

Allahabad HC: UPVAT Act section 29(7) allows reassessment for turnover, tax rates, deductions, or exemptions, not ITC. ITC is separate from turnover; it can’t solely trigger reassessment.

Director not Liable for Company’s UPVAT dues Without Wrongdoing Evidence

May 16, 2024 453 Views 0 comment Print

Allahabad High Court rules directors not liable for company’s tax dues under UPVAT unless evidence of intentional wrongdoing, citing legal precedent.

Patna HC Grants Interim Stay in Service Tax Case: Order Passed After 1-Year Deadline

May 16, 2024 390 Views 0 comment Print

Patna High Court grants interim stay on service tax case due to violation of FA, 1994. Union asked for reasons behind delay. Awaiting positive outcome.

Unreasoned GST Registration order cannot be sustained in law: Allahabad HC

May 15, 2024 636 Views 0 comment Print

Unreasoned GST registration order deemed invalid by Allahabad High Court. Judicial orders must provide sufficient reasons to be legally upheld.

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