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All High Courts

There cannot be two parallel investigations under State Act as well as Central Act

December 27, 2019 6462 Views 0 comment Print

As per clause (b) of sub-section (2) of section 6 of the Goods and Services Tax Act, it was  provides that where a proper officer under Central Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under that Act on the same subject matter.

Appellant PAN can’t be declared inoperative for Non-Linking with AADHAAR till SC verdict

December 27, 2019 7209 Views 0 comment Print

It is ordered that PAN of the applicant shall not be declared inoperative and the applicant would not be in default in any proceedings only for the reason that the permanent account number is not linked with Aadhaar or Aadhaar number is not quoted and the applicant shall not be subjected to the proviso to sub-section (2) of section 139AA of the Act till the judgment of the Supreme Court in the Rojer Mathew v. South Indian Bank Ltd. and others in Civil Application No.8588 of 2019 is delivered and available. Rule is made absolute accordingly to the aforesaid extent.

Release Conveyance on Depositing Fine under GST Law: HC

December 26, 2019 555 Views 0 comment Print

Gujarat High Court allows release of the conveyance confiscated by the GST department under section 130 of the CGST Act upon depositing a sum of Rs.60,795/- by way of fine.

Benami Law- Amended Provision of 2016 has no relevance without provisions of Act of 1988

December 26, 2019 1104 Views 0 comment Print

Tulsiram Vs ACIT (Benami Prohibition) (Chhattisgarh High Court) To decide the core issue whether the amended Benami Transactions (Prohibition) Amendment Act, 2016 can be made applicable for initiating proceedings against the petitioner in respect of the properties which were purchased or acquired prior to 01.11.2016, it would be necessary to read the Prohibition of Benami […]

Section 153C- Statement of others cannot be treated as document of Assessee

December 25, 2019 3747 Views 0 comment Print

Pr. CIT Vs Dreamcity Buildwell Pvt. Ltd. (Delhi High Court) In the present case, the Revenue is seeking to rely on three documents to justify the assumption of jurisdiction under Section 153 C of the Act against the Assessee. Two of them, viz., the licence issued to the Assessee by the DTCP and the letter […]

Downloading of e-way bill from official website mandatory from 1.4.2018

December 24, 2019 1017 Views 0 comment Print

Shaurya Enterprises Vs State of U.P. (Allahabad High Court) It has been observed that till March 31, 2018 it was not mandatory to download the e-way bill from the official website and the said requirement was effective from 1st April, 2018. In this case the e-way bill which was downloaded and submitted on 10.12.2017 at […]

In absence of failure to disclose fully & truly all material facts- reassessment notice invalid

December 24, 2019 1653 Views 0 comment Print

Usha Exports Vs ACIT (Bombay High Court) The first contention raised by Dr. Shivram regarding the absence of statement regarding petitioner’s failure in the reasons is correct. The reasons supplied along with the impugned notice, which are reproduced above, contain no assertion there was any failure of the petitioner to disclose fully and truly all […]

8 day stay of GST Search Authorities at premises of petitioner is illegal

December 24, 2019 2853 Views 0 comment Print

The issue under consideration is whether the act of residing in the premises of the petitioner for 8 days in case of search is permissible under Act?

Calcutta HC denies Bail to a CA in Bogus GST Invoice Case

December 24, 2019 2769 Views 0 comment Print

Arvind Kumar Munka Vs Union of India (Calcutta High Court) This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the petitioner who has prayed for his enlargement on bail on any conditions. The petitioner has been arraigned as an accused along with other accused persons […]

Notice to Amalgamated Company which ceased to exist is without jurisdiction

December 24, 2019 2658 Views 0 comment Print

The Gujarat High Court set aside Reassessment Notice issued to the amalgamated company which ceased to exist after approval of the composite scheme of arrangement.

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