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Reassessment is invalid when assessment is pending: Madras HC

December 28, 2024 684 Views 0 comment Print

Return for AY 2002-03 was filed on 30.10.2002 and an intimation under Section 143(1) was issued on 19.12.2003. A Revised return was filed on 23.03.2004 for which notice u/s 143 (2) can be issued up to 31.03.2005. AO issued notice u/s 148 on 09.07.2004.

Order confirming penalty u/s. 129(1) of CGST Act without granting hearing not justified

December 28, 2024 654 Views 0 comment Print

The present writ petition is filed challenging the impugned order dated 09.11.2024 whereby the petitioner was directed to pay penalty of Rs.6, 18,656/- as proposed in GST MOV 07 under Section 129(1)A of the CGST Act.

Functionally dissimilar entities not includible as comparable for benchmarking international transactions

December 28, 2024 660 Views 0 comment Print

The assessee had adopted Transactional Net Margin Method (TNMM) as the most appropriate method and Operating Profit/ Operating Cost [OP/OC] as the Profit Level Indicator for benchmarking the international transactions.

Order set aside as AO erroneously added value of transaction for calculating escaped assessment

December 28, 2024 456 Views 0 comment Print

Delhi High Court held that AO has erroneously added value of transaction while calculating income that could possibly have escaped assessment. Accordingly, order set aside and matter remanded back to AO for fresh consideration.

Section 292BB cannot cure non-issuance of notice u/s. 143(2): Delhi HC

December 28, 2024 2556 Views 0 comment Print

Delhi High Court held that non-issuance of notice under section 143(2) of the Income Tax Act is in grave contradiction to section 292BB of the Income Tax Act. Accordingly, revenue appeal dismissed.

Profits from Sale of Jaggery is Taxable under Tamil Nadu Sales Tax: Madras HC

December 28, 2024 1554 Views 0 comment Print

In a recent ruling Madras HC decided the issue in favour of revenue that the essential characteristic of sugarcane in its original form, stands converted after processing, into jaggery and both the commodities are different and distinct from one another.

Rejection of candidature by IOC without any basis and beyond terms of brochure not justified

December 27, 2024 684 Views 0 comment Print

Calcutta High Court held that rejection of candidature not justified since rejection was without any basis and beyond the terms and conditions of brochure governing selection process initiated by IOC.

Bail denied to individual posing as a close associate of government ministers to extort money

December 27, 2024 747 Views 0 comment Print

The offences u/s. 419, 420, 467 and 471 of Indian Penal Code, 1860 are covered under the definition of schedule offences as per Sections 2(1)(x) and 2(1)(y) of the Prevention of Money Laundering Act, 2002 (PMLA).

Reassessment Order Set Aside for Fresh Probe into Employee Cash Transactions

December 27, 2024 636 Views 0 comment Print

Reassessment order was set aside and remitted back to Respondent due to insufficient details in the assessment order on employee’s cash transactions.

Writ dismissed as wrong availment of cenvat credit and passing thereon doesn’t involve question of law

December 27, 2024 489 Views 0 comment Print

Held that in our view, two authorities have examined the facts and have given a finding of fact that the same Cenvat Credit was wrongly availed and passed on to the customer, and this has not been rebutted.

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