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All High Courts

Assessment Order u/s 143(3) Passed in Clear Breach of Mandatory Section 144C is Void ab Initio

October 9, 2020 6450 Views 0 comment Print

The issue under consideration is whether the assessment order u/s 143(3) made by the AO in clear breach of the mandatory provisions of Section 144C is merely erroneous or is void ab initio?

HC Set Aside Order Rejecting Application for Lower or Nil TDS Deduction Certificate

October 8, 2020 4650 Views 0 comment Print

The issue under consideration is whether the AO’s order for rejecting the application for issuance of a certificate for lower deduction or nil deduction u/s 197 is justified in law?

AO cannot take second view on same set of facts treating earlier view as erroneous

October 8, 2020 1749 Views 0 comment Print

Asian Satellite Broadcast Pvt. Ltd. Vs. ITO (Bombay High Court) From the reasons recorded, order rejecting objections of the petitioner and the reply affidavit of respondent No.1 in the present proceeding, it is clearly discernible that the basis for re-opening of assessment was the two letters of departmental authorities dated 29.02.2018 and 29.03.2018. Though petitioner […]

AO cannot Pass Order in Hasty Manner without considering the material produced by an assessee,

October 8, 2020 2235 Views 0 comment Print

The issue under consideration is whether the petitioner firm had correctly accounted for the deposits made in its account during demonetization?

Liability to pay custom duty in case delay beyond the period of 12 months for re-export of imported goods

October 7, 2020 3096 Views 1 comment Print

Lahari Impex Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) Conclusion: Where the goods re-imported for repair/reconditioning of the goods, when again re-exported beyond the prescribed period of one year including the extension of six months permitted in the Notification, assessee/ importer definitely became liable to pay the custom duty in question in view […]

No section 194C TDS on Reimbursement of Freight Charges to C&F Agents

October 7, 2020 35556 Views 0 comment Print

The issue under consideration is whether the payments made to C & F agents which is outright reimbursement of freight charges having no element of profit is liable to deduct tax at source under Section 194C of IT Act?

Stay application should be disposed off after considering prima facie merits of case

October 7, 2020 4983 Views 0 comment Print

IKEA Trading (India) Pvt. Ltd. Vs. Commissioner of Trade and Tax (Delhi High Court) Facts- Appellant is engaged in local procurement and export of home furnishing products like carpets, dhurries, fabrics, plastic articles, lamps, soft toys. Appellant purchased products from a number of domestic vendors situated outside the state of Delhi against Form H. Such […]

HC: Interest payable on delayed Income Tax Refund Interest

October 7, 2020 4821 Views 1 comment Print

CIT Vs Syndicate Bank (Karnataka High Court) Conclusion: When an order of refund was issued, the same should include interest payable on the amount, which was refunded. If the refund did not include interest due payable on the amount refunded, the revenue would be liable to pay interest on the short fall. This did not […]

No defamation of advocate for acting on instruction of client

October 7, 2020 6351 Views 0 comment Print

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established.

HC refuses to Prematurely pronounce in case related to Transfer Pricing

October 6, 2020 582 Views 0 comment Print

The issue under consideration is whether the writ petition filed against the order of DRP rather than first go for appeal before tribunal is justified in law?

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