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Gauhati HC Sets Aside Section 16(4) GSt Demand Orders Due to Section 16(5) Insertion Effective 01/07/2017

October 30, 2024 1839 Views 0 comment Print

Gauhati High Court addressed the implications of GST return deadlines and extensions in Maina Devi Choraria Vs Union of India.

Order Under Section 73(9) of AGST Act Invalid Due to Lack of Valid SCN

October 30, 2024 1644 Views 0 comment Print

Gauhati HC quashes AGST order under Section 73 for lack of a valid Show Cause Notice, emphasizing due process and compliance with procedural norms under GST laws.

Non-payment of outstanding salary or performance bonus by Company did not amount to criminal breach of trust

October 29, 2024 2340 Views 0 comment Print

It was admitted fact that the complainant, namely, Debasis Majumdar was an employee of the accused company, namely, Safal Life Science (P) Ltd. on and from 31st March, 2017 in view of the appointment letter issued by the company’s Board of Directors.

Non-disposal of application for registration u/s 12AA within six months didn’t result in “Deemed Registration”

October 29, 2024 1005 Views 0 comment Print

Non-disposal of application for registration u/s 12AA(2) within a period of six months would not result in deemed grant of registration as Parliament had carefully and advisedly not provided for such deeming fiction.

CBDT notified ACIT/ DCIT as prescribed authority for issuance of notice u/s. 143(2): Delhi HC

October 29, 2024 2274 Views 0 comment Print

Delhi High Court held that CBDT vide notification dated 12.05.2022 and 28.05.2022 has authorised ACIT / DCIT to act as prescribed income-tax authority for the purpose of issuance of notice under section 143(2) of the Income Tax Act.

Profit attribution to Permanent Establishment in India is fact based: Delhi HC

October 29, 2024 1233 Views 0 comment Print

The power to reassess can be invoked only on the basis of material that may be pertinent to a particular AY, that principle would pale into insignificance where the assessee fails to assert a change or a fundamental alteration of the facts which are asserted to have remained unaltered.

HC held mere mentioning of wrong VAT provision did not invalidate order in case Authority had proper Jurisdiction

October 29, 2024 951 Views 0 comment Print

Assessee -cooperative marketing society limited, was subjected to revised assessments for 2008-09, 2009-10, and 2011-12. The assessments were initially deemed complete under Section 22(2) of the TNVAT Act.

Interest entitled under DVAT on money illegally retained by department: Delhi HC

October 29, 2024 645 Views 0 comment Print

Delhi High Court held that interest under section 42 of Delhi Value Added Tax Act entitled to the petitioner as department has illegally retained the money of the petitioner for the long time.

CBDT Circular on Monetary Limits Not applicable to DTAA Appeals

October 29, 2024 1209 Views 0 comment Print

Punjab & Haryana HC rules that CBDT’s monetary limits for filing appeals don’t apply to international tax cases involving DTAA. Dismisses appeal in Perfetti Van Melle case.

Delhi HC Quashes GST Registration Cancellation for absence of reasoning in SCN

October 29, 2024 840 Views 0 comment Print

Delhi High Court quashes cancellation of GST registration due to lack of specified violations in the Show Cause Notice.

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