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All High Courts

Assessment u/s 153C cannot be made in absence of incriminating documents discovered during search

November 24, 2020 1710 Views 0 comment Print

PCIT Vs S.R.Trust (Madras High Court) Conclusion: In the absence of any incriminating documents or evidence discovered during the course of search under Section 132 in the case of searched person against the assessee, the jurisdiction under the provisions of Section 153C could not be assumed. Held:  Assessee was a charitable trust registered under Section […]

Provisional attachment order valid if Assessee not filed objection against Notice

November 24, 2020 1173 Views 0 comment Print

R. J. Exim And Another Vs Principal Commissioner Central Goods And Service Tax (Allahabad High Court) From the perusal of Section 74(5) of the Act, it is evident that a person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax and interest under Section 50 and penalty @ […]

GST: Provisional attachment of Bank A/C & FD to protect interest of revenue was justified

November 24, 2020 1215 Views 0 comment Print

R. J. Exim And Another Vs Principal Commissioner Central Goods And Service Tax (Allahabad High Court) From the perusal of Section 74(5) of the Act, it is evident that a person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax and interest under Section 50 and penalty @ […]

HC set aside GST Refund cancellation order as FORM GST RFD-02 was not issued

November 24, 2020 2565 Views 0 comment Print

SHCPLRJV Vs ACCT (Andhra Pradesh High Court) Having regard to the fact that there is a default in compliance of Rule 90(1) read with para 2(d) of Circular No. 79, and since the acknowledgment in FORM GST RFD-02 was not issued within 15 days, the order under challenge is set aside and the matter is […]

HC permits common trial of 3 cases of not declaring foreign account

November 24, 2020 699 Views 0 comment Print

The genesis of trial of three petitions before the trial court is the complaint bearing CC No.511538/16 (Old CC No.131/2014), under Section 276-D of the Income Tax Act dated 28th February, 2015 and the other two complaints rest on the same. Whether the petitioner is holding a foreign account or not is a matter of trial in the first complaint and the assumption that he holds an undisclosed foreign account, which forms basis of other two complaints, is also subject matter of trial.

Rajasthan HC grants bail to person accused of wrongfully availing ITC under GST

November 24, 2020 798 Views 0 comment Print

Subhash Chandra Tyagi Vs Directorate General Of Goods And Service Tax (Rajasthan High Court) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Criminal Complaint No. DGGI /320/ Gr.I/ INV/ GST/ SCT/ 15/2019 registered at Chief Metropolitan Magistrate (Economic Offences Court), District Jaipur for the […]

Covid 19: Advocates cannot be asked to appear physically before court

November 24, 2020 639 Views 0 comment Print

V. M. Singh Vs Madan Lal Mangotra (Delhi High Court) In view the advisories issued by the High Court, petitioner cannot be asked to appear physically unless the advisory is modified by the High Court, however, recently the High Court has issued a fresh advisory that in case parties do not appear even through virtual […]

HC directs dept to issue refund of unutilized Input Tax Credit

November 23, 2020 1902 Views 0 comment Print

Vinod Oil and General Mills Vs Union of India and others (Punjab & Haryana High Court) According to the Petitioner, despite applying for refund of unutilized Input Tax Credit amounting to Rs. 14,21,479/- accumulated on account of inverted tax structure, in form RFD-01, under Section 54 (3) (b) of the Central Goods and Service Tax […]

HC remanded back the matter to CIC as order was passed without discussing the issue

November 22, 2020 624 Views 0 comment Print

S R Dass Vs Cpio And Nodal Officer (Delhi High Court) The learned counsels for the respondents, however, again reiterates that the documents of a third party are exempted from disclosure under Section 8(1)(d) of the Act. They submit that a reply on the similar terms had also been issued to the petitioner vide letter […]

Income under Project completion method taxable only in year of project completion

November 22, 2020 3393 Views 0 comment Print

CIT Vs Jalaram Jagruti Development Pvt. Ltd. (Bombay High Court) It was held by ITAT that receipts in question cannot be brought to tax in A.Y. 2003-04 to 2005-06. These receipts have already been accounted for in the books of account and  can be taxed only in the year in which project is complete as […]

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