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HC allows GST Appeal filed Manually as valid Appeal

August 1, 2019 8382 Views 0 comment Print

M/s Sri Siddhi Kalko Bhagavan Stone Crusher Vs The Assistant Commissioner ST (Andhra Pradesh High Court) In this Writ Petition, under Article 226 of the Constitution of India, the challenge is to the rejection order, dated 22.09.2018, of the learned Appellate Joint Commissioner (ST), Vijayawada, whereby the appeal of the petitioner was rejected on the […]

Authority of ICAI only can evaluate Professional misconduct of member and not the Appellant-company

August 1, 2019 1941 Views 1 comment Print

Wholesale Trading Service Pvt. Ltd. Vs ICAI (Delhi High Court) Conclusion: Since Appellant-company was carrying on the activity of filing and pursuing complaints against various Chartered Accountants as an organised activity, independent of the objects for which it was incorporated, therefore, it was held that litigants, such as assessee, who had made litigation their business/vocation […]

Assessment not valid if section 143(2) notice was not issued within time limit

August 1, 2019 7233 Views 0 comment Print

Where notice under section 143(2) was not issued within the time limit prescribed in proviso to section 143(2), the assessment framed under section 143(3) pursuant to such notice was invalid and accordingly, the same was liable to be quashed.

HC imposes penalty on a company for filing various frivolous petitions against CA / CA Firms

August 1, 2019 1509 Views 0 comment Print

Wholesale Trading Services P Ltd. Vs ICAI (Delhi High Court) Before concluding, it is also relevant to note that the petitioner has been filing various petitions before this Court in respect of complaints made before ICAI, despite having no particular interest in the matter. As noticed above, the petitioner has no connection or dealing with […]

HC allows Deduction Towards Construction of Houses for Needy Persons

July 31, 2019 648 Views 0 comment Print

Kanhaiyalal Dudheria Vs JCIT (Karnataka High Court) Assessee has incurred the expenditure towards construction of 169 houses for the villagers who had lost their home due to natural calamity. In order to cater to the needs of those destitute persons who had lost the roof over their head on account of natural calamity, assessee constructed […]

Customs not to recover from legal heirs of deceased noticees/assessees

July 30, 2019 4656 Views 0 comment Print

Delhi High Court rules Customs can’t proceed against legal heirs of a deceased assessee. Details of the case Amandeep Singh Sehgal vs Commissioner of Customs.

Order passed on Merit after due opportunities cannot be termed as Ex-parte order

July 30, 2019 3915 Views 0 comment Print

The issue under consideration is if Assessee remained absent on more than one occasions and appeal decided on merits then whether it will be called as Ex-parte order?

Depreciation allowable on non-compete fees: HC

July 30, 2019 2328 Views 0 comment Print

Where non-resident agents appointed by assessee for procuring export orders did not have permanent establishment in India and their activities as commission agents are being carried out outside India, merely because a portion of the sale to the overseas purchasers took place in India, would not make assessee liable to deduct tax at source under section 195.

Open portal to enable Petitioner to file TRAN-1 or accept manually: HC

July 30, 2019 660 Views 0 comment Print

Vass Impex Vs Union of India & Ors. (Delhi High Court) in CBIC circular dated 3rd April, 2018 It has been decided that all such taxpayers, who tried but were not able to complete TRAN-1 procedure (original or revised) of filing them on or before 27.12.2017 due to IT-glitch, shall be provided the facility to […]

Sec 54F date of agreement to sell can be considered as date of transfer 

July 29, 2019 17022 Views 0 comment Print

Once an agreement to sell is executed in favour of some person, the  said person gets a right to get the property transferred in his  favour and, consequently, some right of the vendor is extinguished. Therefore, the agreement to sell which had been executed on 13th August 2010 was considered as the date on which the property, i.e. the agricultural land, had been transferred instead of 3rd July 2012 on which the sale-deed came to be executed and assessee was entitled to claim the benefit of section 54F as it had invested in purchase of residential house on 22nd April 2010 which was within the prescribed time limit.

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