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HC Grant Bail to Petitioner allegedly involved in GST Evasion of upto Rs. 18 Crore

September 28, 2020 972 Views 0 comment Print

In the instant case, the petitioner is requesting for bail against the offenses under Sections 132(1), (b), and (c) of Rajasthan Goods and Services Tax Act, 2017.

Settlement application cannot be treated as invalid if commission fells that Issue needs to be adjudicated

September 28, 2020 1614 Views 0 comment Print

DCIT Vs. Hitachi Power Europe GmbH (Madras High Court) The power to be exercised by the Settlement Commission under sub-Section (2C) of Section 245D is within a period of fifteen days’ from the date of receipt of the report of the CIT. This provision gives power to the Settlement Commission to declare an application as […]

No quashing of Detention Order for mere delay in Execution

September 27, 2020 2232 Views 0 comment Print

Mohd Nashruddin Khan Vs. Union of India (Delhi  High Court) The instant petition is filed by the petitioner to seek quashing of the respective Detention Orders. High Court state that the Supreme Court has held that the basis of detention is the satisfaction of the Executive – of a reasonable probability of the likelihood of […]

No Order Passed on Same Day of Hearing without Waiting for Assessee till End of Working Day

September 27, 2020 2787 Views 0 comment Print

whether passing the final assessment order on the same day when the matter was listed for hearing without waiting for the assessee till the end of the working day is justified in law?

Section 271(1)(c) Penalty Justified if Assessee not Acted Bonafidely

September 27, 2020 3729 Views 0 comment Print

Gangotri Textiles Ltd. Vs. DCIT (Madras High Court) The issue under consideration is whether the penalty u/s 271(1)(c) levied by the assessing officer is justified in law? In the present case, the assessee did not disclose about the sale of the lands and windmill in the return of income, which was clear from the perusal […]

GST Rule 90(3) treating Rectified Refund Application as fresh, challenged

September 27, 2020 5298 Views 0 comment Print

A refund application under Section 54 of the CGST Act read with Rule 89 and Rule 90(3) of the CGST Rules is automatically treated as rejected and the second refund application is treated as a fresh application and the interest amount is calculated only from the date of the second refund application or subsequent applications which are filed after receiving the deficiency memos.

HC on Entitlement to extension of usance period of Letter of Credit Facility from 180 to 270 days

September 25, 2020 2271 Views 0 comment Print

The moot question raised in the writ petition is, whether the writ petitioners are entitled to an extension of the usance period of the Letter of Credit Facility sanctioned to the writ petitioners from 180 days to 270 days.

LLP Settlement Scheme, 2020 benefit cannot be denied on Form uploaded pursuant to Court Order

September 25, 2020 579 Views 0 comment Print

Handoo & Handoo Legal Consultants Vs. Union of India (Delhi High Court) The plea of the petitioner(s) in the present applications is that they have been denied the benefit of the Scheme only on the ground that they uploaded the forms pursuant to the order dated 06.12.2018 of this Court. The learned counsel for the […]

906 Gms Jewellery gms was Reasonable for Assessee Married for More than 25 years

September 25, 2020 2205 Views 0 comment Print

whether the Tribunal is correct in making the addition of the entire jewellery found at the time of search as undisclosed income without appreciating that the said jewellery was acquired at the time of marriage over a period of time?

Penalty of twice the tax amount for mere delay in Entry Tax payment was unjustified

September 25, 2020 1533 Views 0 comment Print

National Asphalt Products and Construction Company Vs State of Tamil Nadu (Madras High Court) The issue under consideration is whether sales tax officer is justified in levying penalty at twice the amount of entry tax? High Court states that, under the Act penalty may be imposed for failure to register as a dealer Section 9(1) […]

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