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Section 14 of Limitation Act not applicable to Criminal Proceedings

December 4, 2020 13533 Views 0 comment Print

Radhe Shyam Khemka (dead) through legal representatives Vs Raju Yadav Alias Ram Kumar (Chhhattisgarh High Court) In the matter of Sakhichand Sahu and others v. Ishwar Dayal  Sahu and others2, the Division Bench of the Patna High Court has clearly held that the period spent in prosecuting an application in revision before the Sessions Judge […]

GST Evasion case accused gets bail after 2 Years

December 4, 2020 1134 Views 1 comment Print

Aditya Gupta Vs. Union of India (Rajasthan High Court, Jaipur Bench) Learned counsel for the respondent has opposed the petition and has submitted that allegations levelled against the petitioner were serious in nature. After thorough investigation of the case it transpired that accused had committed fraud to the tune of Rs. 22 Crores by creating […]

Entertainment Tax on Online Booking Charges in Tamil Nadu

December 4, 2020 1638 Views 0 comment Print

Mayajaal Entertainment Limited Vs Commercial Tax Officer (Madras High Court) The present Appeals are squarely covered by the decision of this Court in PVR Ltd. v. CTO (W.A.No.685, 694 to to 697 decided on 15.10.20020) which   dealt with the question of taxability of the Entertainment Tax on the Online Booking Charges and this Court held […]

Petition filed Challenging vires of CGST Rule 86A

December 3, 2020 2145 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Rule 86A of the GST Rules has given unbridled power to a GST officer to block input tax credit in electronic credit ledger maintained on GSTN portal without giving any notice or intimation to the tax payer if the concerned GST officer has reason to […]

Challenge to Section 16(2)(c) of CGST Act 2017- Notice issued by Gujarat HC

December 3, 2020 8892 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Hon’ble Gujarat High Court has issued notice to Centre and State Government on 03.12.2020 in the matter of Surat Mercantile Association. Vs UOI & others, SCA. No. R/SCA/15329/2020, wherein the petitioner has challenged the constitutional validity of Section 16(2)(c) of the CGST Act/WBGST Act, which […]

Mistake in nomenclature in account head cannot change nature of payment

December 3, 2020 1503 Views 0 comment Print

Art-E-Mide Construction Pvt. Ltd. Vs DCIT (ITAT Kolkata) AO noted that the assessee has paid consolidated salary (contract pay) of Rs. 8,39,960/-. Since it was shown as contractual payment made by the assessee of Rs. 8,39,960/- according to AO, Section 194C of the Act was attracted and therefore, the assessee was bound to deduct the […]

Lower withholding TDS certificate cannot be denied for technical inadequacy of system

December 3, 2020 1245 Views 0 comment Print

British Airways PLC Vs ITO & Ors. (Delhi High Court) The limited grievance of the petitioner raised in this petition is that the withholding tax certificate issued to the petitioner has been made effective from the date of issue and not from the beginning of the financial year i.e. 01.04.2019. For example, it is pointed […]

HC denies bail to accused in wrongful ITC availment case

December 2, 2020 1086 Views 0 comment Print

Learned Public Prosecutor and counsel for Union of India have opposed the bail application. It is contended that petitioner has created 26 firms to facilitate availment and utilization of input Tax Credit to the tune of Rs. 108.36 crores.

GST: Writ petition not maintainable if petitioner got alternative efficacious remedy of appeal

December 2, 2020 1551 Views 0 comment Print

Tata Steel Bsl Ltd Vs Union of India (Orissa High Court) Mr. S. Mishra, learned Standing Counsel on behalf of the opposite parties-Revenue submits that the present writ petition is not maintainable as the petitioner has got an alternative efficacious remedy of appeal under Section 107 of the CGST Act, against the impugned order under […]

Section 127: Assessee cannot choose his Assessing Authority- HC

December 2, 2020 7425 Views 0 comment Print

Advantage Strategic Consulting Private Limited Vs PCIT (Madras High Court) Transfer Order passed under Section 127 of the Income Tax Act, 1961, is more in the nature of an administrative order rather than quasi-judicial order and the Assessee cannot have any right to choose his Assessing Authority, as no prejudice can be said to have […]

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