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Petition filed after 3 year of order suffers from laches: HC

October 16, 2019 483 Views 0 comment Print

Magnolia Mayura CHS Ltd. Vs Union of India (Bombay High Court) Petitioner’s appeal before the CIT(A) was dismissed on 31st March, 2016. The Petitioner’s application admittedly made on 9th August, 2016 after the Appeal was dismissed. This application came to be rejected on 22nd September, 2016, as there was no appeal pending. The order of CIT(A) […]

HC directs Govt to allow appellant to file rectified TRAN-I

October 15, 2019 930 Views 0 comment Print

Godrej & Boyce Mfg. Co. Ltd. Vs Union of India & Ors. (Delhi High Court) Admittedly there has been a typographical/ clerical error on the part of the petitioner which the petitioner is entitled to correct while filling up the TRAN-I Form, we dispose of this writ petition by directing the Respondents “to either open […]

Interest on delayed refund – Wrong/excessive collection of duty is not ‘deposit’

October 15, 2019 3468 Views 0 comment Print

It is to be noted that right to credit or forfeit such deposit would arise only after determination of the liability to pay the ‘duty’. On the other hand, the right over the duty so paid is instant on the revenue and not a postponed entitlement.

HC Explains Law for Withholding of IT Refund under Section 241A

October 14, 2019 3051 Views 0 comment Print

Maple Logistics Private Limited & Anr Vs Pr. CCIT (Delhi High Court) Assessing Officer shall, firstly, with reasons, make a prima facie assessment of the probability that additions would be made in the Scrutiny Assessment Proceedings, secondly; he shall make an assessment of the quantum of additions, if any, that may be made to the […]

Rajasthan HC grants Bail to Accused in alleged ITC Fraud Case

October 14, 2019 1560 Views 0 comment Print

Rakesh Kumar Khandelwal Vs Union of India (Rajasthan High Court) Petitioner has placed before the Court various Tax Invoices and e-Way Bills through which purchases have been made by the firm and the record of the Department from which it is revealed that Firms were in existence. As per Rules 25 of the GST Rules, […]

ITAT Can Direct CIT To Register A Trust Under Section 12AA

October 14, 2019 1500 Views 0 comment Print

The income tax Appellate Tribunal while hearing an Appeal under Section 254(1) in a matter where registration under Section 12(AA) has been denied by Commissioner income tax can itself pass an order directing commissioner to grant registration in case the income tax Appellate Tribunal disagrees with the satisfaction of the Commissioner on the basis of material already on record before the Commissioner.

University Bound to Provide Copy of Answer Sheet under RTI Act, 2005

October 14, 2019 3813 Views 0 comment Print

Court would like to emphasis that the Law University, being a Public Institution, is bound to implement the provisions of the Right to Information Act, scrupulously in its letter and spirit.

Non-quoting of reasons for reopening in reassessment notice would not vitiate entire proceedings

October 12, 2019 1455 Views 0 comment Print

Mere non quoting of the reasons for reopening by AO in the impugned notice would not vitiate the entire proceedings. Department had to furnish the reasons to assessee and on receipt of the reasons, if assessee were of the opinion that there were no additional material or new materials were available then they could submit their objections in respect of the change of opinion or reason to believe.

Eligibility for higher rate of depreciation on Erection and installation of windmill

October 11, 2019 954 Views 0 comment Print

Pr. CIT Vs Mahalaxmi Infra Projects Ltd. (Bombay High Court) Windmill was erected in the area which required special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. Therefore, assessee was eligible for higher rate of depreciation on the civil construction, electric and other installations in […]

Detention of goods merely for handwritten & Photocopied transport receipt is Illegal

October 11, 2019 19947 Views 0 comment Print

In this case despite the fact that the petitioner had complied with the procedure for movement of goods as stipulated under the GST Acts, by the impugned order, the truck with the goods came to be detained/seized under section 129 of the GST Acts on the ground that the transport receipt was a photocopy and the details filled in the transport receipt were handwritten.

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