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All High Courts

Amendment to Section 40(a)(ia) by Finance Act 2010 was retrospective

August 12, 2020 993 Views 0 comment Print

CIT Vs Archean Granites Private Ltd. (Madras High Court) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to the […]

Reopening of Assessment for Mere Change of Opinion is unjustified

August 12, 2020 1893 Views 0 comment Print

Whether the Tribunal was justified in holding that the reopening of assessment was a result of mere change of opinion, even when there is no opinion formed or expressed by the Assessing Officer on this issue in the original assessment?

HC Quashed GST Penalty Order due to Contravention of Principles of Natural Justice 

August 12, 2020 1032 Views 0 comment Print

In the instant case, the petition is filed for seeking quashing of the penalty order in Form GST OV 09 under Section 129 (3) of the Central Goods and Services Act, 2017. HC Quashed Penalty Order due to Contravention of Principles of Natural Justice

No detention of goods for mere non-mention of Tax payment details on E-Way Bill

August 12, 2020 1491 Views 0 comment Print

The issue under consideration is whether the detention of goods with the allegation that the E-way bill does not have tax amount mentioned on it is justified in law?

HC upheld conviction in Cheque Bouncing Case

August 11, 2020 2043 Views 0 comment Print

Bouncing of Cheque Considered as Offence Under NI Act which leads to Imprisonment upto 2 Years alongwith compensation amount of cheque alongwith interest @9%

Rajasthan HC grants interim relief from High VAT & CST demand to J.K. Lakshmi Cement

August 11, 2020 864 Views 0 comment Print

Rajasthan High Court Grants Interim Relief to J.K. Lakshmi Cement Ltd. From Being Exposed To High Tax Demand Under Rajasthan VAT Act And Central Sales Tax Act.

Section 87 Recovery proceedings can be initiated only after completion of adjudication process

August 11, 2020 7809 Views 0 comment Print

The present petition is filed by the petitioner for requesting to quashing the notices issued by the  Commissioner for levying tax alongwith interest and attaching bank account of the petitioner.

HC to GST Council- Decide GST Rate for Ayurvedic Sanitizer

August 11, 2020 897 Views 0 comment Print

The High Court forwarded the application to GST Council for appropriate consideration of exact GST rate applicable on Ayurvedic/ Unani/ Sidha (AUS) ingredient based sanitizers in accordance with law. Accordingly the petition is disposed off with the hope that the same shall be taken up for consideration by the Council at the earliest, considering the issue involved.

Addition for Jewellery Purchased in cash cannot be made ignoring Cash inflow statement submitted by assessee

August 10, 2020 756 Views 1 comment Print

Pipush kumar O Desai Vs CIT (Gujarat High Court) Upon perusal of the relevant record, copies of which have been annexed to the paper book supplied to this court, it is very clear that the assessee had given sufficient details with regard to the sources from which he had purchased the jewellery in question. Upon […]

Service Tax will not form part of aggregate amount for section 44BB

August 10, 2020 1050 Views 0 comment Print

The issue under consideration is whether amount of service tax being statutory levy, received by assessee from its customers was to be included in calculating the aggregate amount referred to in sub-section (2) of Section 44BB of the Act?

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