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HC criticises AO for delaying refunds for window dressing of revenue collection

March 6, 2020 897 Views 0 comment Print

Huawei Telecommunications (India) Company Private Limited Vs Union of India and others (Punjab and Haryana High Court) he note of approval of the Principal Commissioner was also perused by us, the only reason mentioned was that there was an amount outstanding of Rs. 5 crores odd against the petitioner and for the said reason, the […]

No attachment of property acquired prior to commission of criminal or PMLA offence

March 6, 2020 13548 Views 0 comment Print

Where property acquired could not be attached prior to the commission of a scheduled offence such as criminal offence or introduction of Prevention of Money Laundering Act (PMLA) unless the property obtained from the offence was held or taken outside the country.

HC: No evidentiary value of statement which was retracted later

March 6, 2020 1935 Views 0 comment Print

Assessee could not be held guilty for violation of provisions of Section 9(1)(b) of FERA, on the sole basis of the statement of Sh. Ashish Jain, which was retracted later on as none of the orders of the authorities, namely, the Adjudicating Authority, the Appellate Authority or the Tribunal refer to any cogent material to substantiate the allegation of the commission of an offence under Section 9(1)(b) of FERA.

No reassessment can be made solely on basis of statement recorded u/s 133A

March 6, 2020 5433 Views 0 comment Print

Reassessment was not justified wholly on the basis of a sworn statement recorded in the course of survey in the absence of any other tangible evidence available with the Assessing Officer as the materials collected and the statement obtained under Section 133A would not automatically bind upon the assessee.

GST: Prohibition Order passed by DC without authorization is invalid

March 6, 2020 1638 Views 0 comment Print

Mahendra Kumar Indermal Vs Deputy Assistant Commissioner (Andhra Pradesh High Court) As per the provisions of Section 67(1) of the Act, power of inspection is specified to an officer not below the rank of joint commissioner. The said officer for the purpose of search as specified in Section 67(1) (a) and (b) may authorize in […]

State is employer under Gratuity Act for teachers/employees of aided educational institutions

March 6, 2020 16815 Views 0 comment Print

Chhattisgarh HC rules the State is liable for gratuity to teachers of aided institutions. Order dated 07.06.2013 challenged by educational institutions.

No penalty for delayed GST Appeal Filing due to Lack of Clarity in Law

March 5, 2020 4962 Views 2 comments Print

The impugned order rejecting such appeal on the ground of limitation is not sustainable as the petitioner cannot be penalised for lack of clarity of the provision when the new law is enacted.

Section 80P(2)(d) deduction allowable on Other Interest Income apart from 10% Net Profit Transferred to Reserved Fund

March 5, 2020 4290 Views 0 comment Print

PCIT Vs Electro Urban Co-Operative Credit Society Ltd. (Calcutta High Court) The issue under consideration is whether interest on deposits/securities, which strictly speaking accrues to the members’ account, could be taxed as business income under section 28 of Income Tax Act, 1961? Supreme Court said, such interest income would come in the category of income […]

Bogus Billing & Fake E-Way Bills: HC sustains Provisional Bank Account attachment Order

March 5, 2020 2922 Views 0 comment Print

The issue under consideration is whether the order for provincial attachment of bank accounts against bogus billing and fake generation of E-­Way bills without the actual physical movement of goods is justified in law?

Form GST TRAN­1 Filing: Applicant should not suffer for technical glitches

March 4, 2020 585 Views 0 comment Print

The GSTN upon receipt of the proposal from the Nodal Officer shall look into the same and take an appropriate decision in accordance with law, more particularly, keeping in mind the writ­ applicant should not suffer on account of any technical glitches.

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