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Appeal Non-Maintainable – Lower Tax Effect – Circular 9/2024: Rajasthan HC

October 9, 2024 1434 Views 0 comment Print

Rajasthan High Court dismisses CIT appeal against Satish Kumar Agarwal. Appeal non-maintainable due to CBDT Circular 9 of 2024. Tax dispute involved Section 54B & 50C.

Writ petition is maintainable if SCN is issued without jurisdiction: Allahabad HC

October 9, 2024 2751 Views 0 comment Print

Allahabad HC quashed HCL Infotech Ltd’s Show Cause Notice under CGST Act for lacking jurisdiction and necessary allegations.

Occasional Money Lending Doesn’t Qualify as Business Under West Bengal Money Lenders Act, 1940

October 8, 2024 1581 Views 0 comment Print

Calcutta HC ruled that isolated private loans do not require a license under the West Bengal Money Lenders Act, 1940. Case decreed for repayment with interest.

Merely Writing I am Satisfied” Not Valid Approval for Section 148 Notice

October 8, 2024 2217 Views 0 comment Print

Simply writing I am satisfied in the approval u/s 151 of Income-tax Act,1961 is sufficient to show that Sanctioning authority applied its mind while approving reassessment proceedings u /s 148 of Income-tax Act,1961

Order set aside as passed without considering reply and without personal hearing: Madras HC

October 8, 2024 999 Views 0 comment Print

Madras High Court held that finalizing of assessment without considering reply and in absence of personal hearing is against the principles of natural justice. Accordingly, order set aside.

Non-granting of benefit of stay due to non-constitution of GST Tribunal unjustified: Patna HC

October 8, 2024 519 Views 0 comment Print

Patna High Court held that petitioner cannot be deprived of the benefit due to non-constitution of the Tribunal accordingly, petitioner must be extended statutory benefit of stay u/s. 112(9) of Bihar Goods and Services Tax Act.

Time limit for GST refund to be determined from date of original application and not follow-up application

October 7, 2024 1497 Views 0 comment Print

Jammu Kashmir High Court held that the time limit for refund of GST u/s. 54 of the Central Goods and Services Tax Act, 2017 will be determined from the date the original application came to be filed by the petitioner concern and not from the date of follow-up application.

No rectification u/s 292B if Income Tax Assessment Order issued in the Name of a Non-Existent Entity

October 7, 2024 1014 Views 0 comment Print

The respondents, on the other hand, would urge us to hold that a failure to place the amalgamated entity on notice was curable and one which would fall within the ambit of Section 292B of the Income Tax Act, 1961.

Order passed is violative of natural justice since notice was issued to incorrect address: Gauhati HC

October 7, 2024 891 Views 0 comment Print

Gauhati High Court set aside the order as passed without affording due opportunity and against the principles of natural justice since the notice under CGST Act, 2017 was issued to incorrect address.

Work of powder coating amounts to works contract hence VAT leviable: Madras HC

October 7, 2024 741 Views 0 comment Print

Madras High Court held that Powder Coating products like yokes, links and tubes amounts to works contract and hence the same is liable to tax under section 15(1) of the Puducherry Value Added Tax Act, 2007.

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