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All High Courts

Commercial expediency not to be examined by AO while examining explanation provided u/s. 68

December 5, 2024 1173 Views 0 comment Print

The Assessing Officer (hereafter AO) had made an addition to the income as returned by the respondent under Section 68 of the Act and disallowed the addition made under Section 14A of the Act.

Rate increase u/s. 115BBE from 30% to 60% effective only from 01.04.2017: Madras HC

December 5, 2024 3990 Views 0 comment Print

The writ petitioner company is non-deposit taking Non-Banking Financial Company (NBFC) having license from the Reserve Bank of India (RBI) for functioning as a Micro Finance Institution (MFI) registered with RBI.

ITC Denial unjustified as section 31(3)(d) requirement satisfied: Bombay HC

December 5, 2024 1443 Views 0 comment Print

Bombay High Court held that when the petitioner satisfied the requirements of Section 31(3)(d) of the CGST Act denial of input tax credit to the petitioner is arbitrary and illegal and contrary to the provisions of Section 16 of the CGST / MGST Act.

Non-submission of reply cannot be base for passing of GST order: Kerala HC

December 5, 2024 1044 Views 0 comment Print

Kerala High Court held that order simply proceeded due to non-submission of reply to show cause notice issued under section 74 of the CGST/SGST Act not justified. Accordingly, matter restored back for fresh consideration.

GST Rectification application Rejection without Reasoning is unjustified: Madras HC

December 5, 2024 1356 Views 0 comment Print

If the authorities decide not to entertain the said request, he shall give detailed reasons as to why the said order is being made. Further proceedings, pursuant to DRC- O7 notice dated 02.01.2024 shall be kept in abeyance.

Labour Court cannot substitute order of dismissal as material hold respondent guilty of charges

December 5, 2024 579 Views 0 comment Print

Respondent was appointed in the kitchen of the petitioner, on acts of theft, misappropriation and fraud, articles of charges were issued. Notably, it is alleged that a Safal brand one litre oil sachet was found hidden on the tank bag of his two wheeler.

Refund Rejection Order Invalid if fails to Providing Necessary Information

December 5, 2024 1134 Views 0 comment Print

Madras High Court quashes refund rejection order for lack of detailed information in SCN, emphasizing the principle of fair hearing under Audi Alteram Partem.

Classification of product justified once DGFT proceeds to issue MEIS Scrip: Delhi HC

December 4, 2024 1263 Views 0 comment Print

Delhi High Court observed that once the DGFT had proceeded to issue the MEIS scrip to the writ petitioners, they would have been justified in assuming that the issue of classification was neither questioned nor doubted.

Amount received in lieu of surrender of rights is capital receipt: Telangana HC

December 4, 2024 894 Views 0 comment Print

Telangana High Court held that the surrender of the rights results in impairment of profit making apparatus of the company and thus amount received under agreement for surrender of rights in capital assets is capital receipt. Accordingly, the appeal by revenue dismissed.

Petitioner unaware of GST proceedings: directed to deposit 25% of disputed tax & submit objections

December 4, 2024 582 Views 0 comment Print

Madras High Court held that petitioner being unaware of initiation of proceedings are directed to deposit 25% of disputed tax and submit objections by treating impugned assessment order as show cause notice.

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