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Allahabad High Court

Section 132B(1)(i): AO’s Power on Seized Assets Not Abates After 120 Days

April 19, 2024 777 Views 0 comment Print

In the case of Dipak Kumar Agarwal Vs Assessing Officer, Allahabad HC rules that the power of the assessing authority to decide on the release of seized assets is not automatically abated after 120 days under S.132B(1)(i) of the Income Tax Act.

Allahabad HC Quashes House Tax Assessment Order: One Day’s Notice Deemed Undue Haste

April 19, 2024 282 Views 0 comment Print

Allahabad High Court sets aside assessment order due to inadequate notice, mandates fair hearing for house tax assessment. Full judgment analysis here.

One assessment order per assessee per assessment year should prevail unless annulled or set aside

April 19, 2024 849 Views 0 comment Print

The court’s deliberation highlights the absence of any challenge to the initial re-assessment order or its revision by the Commissioner. Furthermore, the judgment underscores the principle that one assessment order per assessee per assessment year should prevail unless annulled or set aside by a competent authority or court.

Non-Submission of Certified Section 74 Order Copy Doesn’t Warrant GST Appeal Rejection: HC

April 14, 2024 654 Views 0 comment Print

GST: First appeal of petitioner cannot be rejected for on the ground that the certified copy of the order passed under Section 74 of the Act was not annexed to the appeal

Section 75(4) of GST Act, mandates personal hearing before any adverse decision

April 14, 2024 16860 Views 0 comment Print

Analysis of the judgment by Allahabad High Court in Mahaveer Trading Co. vs Deputy Commissioner regarding tax assessment order under Uttar Pradesh GST Act.

UPVAT: Section 54(1)(2) Penalty Not Imposable for Best Judgement Assessment: Allahabad HC

April 12, 2024 984 Views 0 comment Print

Allahabad High Court held that penalty under Section 54(1)(2) of the U.P. VAT Act, 2008 cannot be imposed in cases, wherein, the assessment is made on the basis of Best Judgement Assessment.

GST Search Authorization by Joint Commissioner without recording reasons is invalid

April 11, 2024 621 Views 0 comment Print

Read the full text of the judgment/order by Allahabad High Court regarding the unauthorized search and seizure in the case of Gaurav Saurav Traders.

Order invalid if SCN not discloses date, time or venue of personal hearing

April 11, 2024 741 Views 0 comment Print

In S.S. Suppliers vs. State of U.P., Allahabad HC rules show cause notice sans personal hearing details violates Sec 75(4), leading to order annulment. Learn more.

HC duty bound to uphold sanctity of lower court judgments unless there exist compelling reasons to intervene

April 11, 2024 588 Views 0 comment Print

The Commissioner, Commercial Tax U.P. Vs Godfrey Philips India Limited (Allahabad High Court) In a recent landmark decision, the Allahabad High Court reinforced the fundamental principles governing the exercise of revisional jurisdiction in tax matters. The case of Commissioner, Commercial Tax U.P. versus Godfrey Philips India Limited elucidates the crucial distinction between ‘appeal’ and ‘revision’, […]

UPVAT: ITC cannot be granted merely on the basis of invoices & payment details

April 10, 2024 23838 Views 0 comment Print

Allahabad High Court’s ruling in Commissioner vs Soma Enterprises Ltd stating that Input Tax Credit (ITC) claims cannot be granted solely on the basis of invoices and payment details

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