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All High Courts

No TDS u/s 194I on Payment for Acquisition of Leasehold Rights over Immovable Property

October 16, 2020 22788 Views 0 comment Print

The issue under consideration is whether payment for the acquisition of leasehold rights over immovable property is rental income and hence eligible for TDS u/s 194I ?

Notice issued in challenge to constitutional validity & vires of 16(4) of CGST Act 2017/WBGST Act 2017 by Calcutta HC

October 16, 2020 7770 Views 0 comment Print

Rainbow Infrastructure Private Limited & Anr Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in the matter of Latika Ghosh Vs ACST, Raiganj Charge & others, W.P. A. No. 7272  of 2020, in the matter of Rainbow Infrastructure Pvt. Ltd. Vs. ACST, Barrackpore Zone & […]

HC dismissed WP Filed against Credit Rating Agency as it is Private Body & Not ‘State’ as per Constitution

October 16, 2020 1785 Views 0 comment Print

The issue under consideration is whether the writ petition filed against credit rating agency by stating that they are not authorised to discharge “Public Functions” as it is not characterised as ‘State ‘ will be sustain in law?

Dream 11 Online Fantasy Game not commits offences of betting & gambling

October 16, 2020 7398 Views 0 comment Print

Online fantasy sports games offered on the Dream 11 platforms were not considered as gambling/betting as the format of online fantasy game offered by Dream 11 was a game of mere skill and their business had protection under Article 19(1)(g) of the Constitution of India.

Pension can not be withheld for indefinite period contrary to Section 9(4) of C.G. Civil Service (Pension) Rules, 1976

October 16, 2020 15465 Views 0 comment Print

Krishna Kumar Tiwari Vs State of Chhattisgarh (Chhattisgarh High Court) Pension can not be withheld for indefinite period contrary to Section 9(4) of C.G. Civil Service (Pension) Rules, 1976. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. Heard. 2. The grievance of the petitioner is that the petitioner is now aged about 80 years […]

ITC of Education Cess, SHEC & KKC cannot be claimed against GST: HC

October 16, 2020 15726 Views 0 comment Print

Assistant Commissioner of CGST and Central Excise Vs Sutherland Global Services Private Limited (Madras High Court) Whether the Assessee is entitled to utilise and set off the accumulated unutilised amount of Education Cess (EC), Secondary and Higher Education Cess (SHEC) and Krishi Kalyan Cess (KKC), all jointly referred to as the “Cess” against the Output […]

HC set aside Tribunal order for failure to records that finding of AO was erroneous

October 16, 2020 2586 Views 0 comment Print

Court under Section 260A would not interfere with the Tribunal’s finding of fact could not be applied to the facts of case because the Tribunal did not record any finding of fact that the finding of fact recorded by AO was erroneous and not borne out by records. Thus, the order passed by Tribunal for not calculating the undisclosed income was set aside

Entry Tax: After Granting Exemption same can’t be rejected for Technicalities

October 16, 2020 1866 Views 0 comment Print

The issue under consideration is whether the petitioner is eligible for exemption from payment of entry tax based on certificates granted under Madhya Pradesh Udyog Nivesh Samvardhan Sahayta Yojna?

Hearing on writ for Extension of due date of GSTR 9 & 9C on 27.10.2020

October 15, 2020 2139 Views 0 comment Print

Confederation of GST Professionals and Industries Vs Union of India (Bombay High Court) CGPI had filed writ petition for extension of due date of GSTR 9 and 9C before Bombay high court and Honorable High Court has fixed next hearing on  27th October, 2020. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard learned Sr. […]

Container Freight Station Constitutes Inland Port Hence Eligible for Deduction u/s 80IA(4)

October 15, 2020 1662 Views 0 comment Print

The issue under consideration whether deduction under section 80IA(4) can be claimed on Container Freight Station (CFS) as it constitutes an ‘inland port’? Container Freight Station Constitutes as Inland Port Hence Eligible for Deduction u/s 80IA(4).

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