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All High Courts

CIT to examine refund claims with due application of mind & issue the same

April 9, 2020 2292 Views 0 comment Print

Withholding of refund claims should be examined by the Principal Commissioner of Income Tax with due application of mind and the entire exercise should be completed within the period of six weeks and the case of failure of Officers should transmit the amount including the interest to assessee without awaiting any further orders.

HC refuses release of Korean Nationals arrested for GST non payment

April 9, 2020 804 Views 0 comment Print

Choe Jae Won Vs Principal Secretary to the Government (Madras High Court) Finding justification in the plea made by the learned Government Pleader and considering the fact that, several Non-Bailable Warrants have already been issued to the Petitioners and that, there is every possibility of the Petitioners fleeing away from the clutches of Law, this […]

GST demand for old unpaid dues of Binani Cement against Ultra Tech was unsustainable

April 7, 2020 1293 Views 0 comment Print

The courts are given an extremely limited power of judicial review into the resolution plan duly approved by the COC. Therefore, the issuing of notices by Goods and Service Tax (GST) Department of Rajasthan for all the old unpaid dues of Binani Cement  would be acting in a totally illegal and arbitrary manner and the demand notices were ex-facie illegal, arbitrary and per-se and could not be sustained.

Section 44DA prevails over Section 44BB after amendment w.e.f. 01.04.2011

April 6, 2020 14244 Views 0 comment Print

Paradigm Geophysical Pty Ltd. Vs CIT (Delhi High Court) After 01.04.2011, income falling within the scope of Section 44DA (1) of the Act would be excluded from the scope of Section 44BB of the If the income of a non-resident is in the nature of fees for technical services or royalty, it shall be taxable […]

Provision for anticipated Pay Revision is allowable Business Expense

April 5, 2020 2778 Views 0 comment Print

Housing And Urban Development Corporation ltd Vs Add. CIT (Delhi High Court) The pay revision of employees of the appellant, a PSU is due every ten years with the expiry of one wage settlement or agreement. Invariably, there is a time lag between expiry of a wage revision and negotiation of a fresh wage revision. […]

Allahabad HC extends interim/bail orders to April 26 amid COVID­19 Lockdown

March 26, 2020 639 Views 0 comment Print

All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District Courts, Civil Courts,Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subsequent to 19th March, 2020 or are due to expire within a period of one month from today, will continue to operate upto 26th April, 2020. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;

Madras HC extends interim orders until April 30 amid Novel Coronavirus

March 26, 2020 540 Views 0 comment Print

All interim orders passed by the High Court at Madras – Principal Bench that were subsisting as on 20th March, 2020 may stand extended till 30th April, 2020 unless vacated or modified earlier or until further orders of the Court unless specifically dealt with by any judicial order to the contrary.

Bombay HC extends interim orders until April 30 due to Covid 19

March 26, 2020 735 Views 0 comment Print

We find it appropriate to continue all interim orders which are operating till today and are not already continued by some other courts / authority including this court and the same shall remain in force till 30.04.2020, subject to liberty to parties to move for vacation of interim orders only in extreme urgent cases.

interest chargeable under Interest Act irrespective of object of Company

March 26, 2020 585 Views 0 comment Print

Asman investments Ltd. Vs DCIT (Gujarat High Court) Interest as per Interest Act will be charged on company irrespective of its main object whether it is Finance or not In the given case the appellant assessee filed return of chargeable interest on 29.1.2002 declaring chargeable interest at ‘Nil’. In the statement attached to the return […]

No reassessment after four years in absence of failure to disclosures by assessee

March 26, 2020 1050 Views 0 comment Print

In the absence of failure on the part of assesse to disclose fully and truly all material facts necessary for his assessment, the reopening of assessment beyond a period of four years from the end of relevant assessment year was without authority of law.

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