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Guwahati High Court

HC dismisses petition challenging Jurisdiction to recover Service Tax demand

October 17, 2018 4980 Views 0 comment Print

Laxmi Narayan Sahu Vs Union of India & Others  (Gauhati Cigh Court) Issue Raised Before High Court In all the writ petitions, the demand-cum- show cause notices of various dates issued by the Assistant Commissioner, Central Goods and Service Tax of the district of Dibrugarh and Guwahati respectively are assailed. The said demand-cum-show cause notices are […]

Consider Extending Tax Audit Due Date to 31.12.2018: Gauhati HC

October 12, 2018 34995 Views 12 comments Print

Gauhati High Court has instructed CBDT to Consider Representation filed by Tax Bar Association on or before 25.10.2018 by which they requested to extend the Tax Audit Due Date to 31.12.2018.

HC admits Petition challenging GST on processed Tea loading packing warehousing etc.

May 23, 2018 1614 Views 0 comment Print

Guwahati Tea Warehousing Association has filed a Petition in Gauhati High Court against imposition of Goods and Services Tax (GST) on loading, packing, warehousing, etc of processed tea. Case was admitted for hearing on 23.05.2018.

Gauhati HC declined to Grant bail to accused in Bribery Case involving CIT

May 3, 2018 2562 Views 0 comment Print

The investigating officer has objected to granting bail on the ground that further investigation is required to ascertain the source of huge money handed over to Ramesh Goenka through Pranjal Sarma. Investigation is being carried out to ascertain the mode of transfer of the bribe to the Income Tax Commissioner and how the part of the bribe was shared with other accused and as such release of accused at this stage may hamper the investigation.

No Jurisdiction to issue Service Tax demand notice Post GST Rollout? HC Stays Demand

December 20, 2017 6858 Views 2 comments Print

It was argued that govt does not have any jurisdiction to enter into an inquiry in respect of the subject matter of the notice and as such the impugned notice was wholly without jurisdiction.

GST: Unauthorised search and seizure by BIEO, HC grants interim relief

August 16, 2017 2472 Views 0 comment Print

M/s. Kumar Traders And Company & Anr. Vs. State Of Assam (Gauhati High Court) This case was adjourned on 9.8.2017, to enable the learned Govt. Advocate to receive instruction on the circumstances under, which the team from the Bureau of Investigation for Economic Offences (BIEO) had raided the Amingaon godown of the petitioners, where areca […]

Truck terminus cannot be treated as building for providing resting /toilet facility

May 11, 2017 1179 Views 0 comment Print

Gotanagar Truck Terminus is a plant and not building, for the purpose of claiming depreciation under Section 32 read with Section 43 of the IT Act. Consequently the assessee is held entitled to depreciation at the rate of 25% as prescribed for plant and not at 10%, as applicable for building.

In absence or Provisions in Income Tax addition for Notional Interest not justified

May 15, 2015 1462 Views 0 comment Print

The case of the assessee is that they did not charge interest on that advance and in consideration of the same the assessee got the premises it a very low rent of rupees two per sq feet in a prime locality of Calcutta.

Assessee cannot be held liable for non payment of TDS by deductor

August 28, 2014 9724 Views 0 comment Print

It would not be possible to proceed to recover the amount of tax from the assessee. The assessee cannot be doubly saddled with the tax liability. Deduction of tax at source is only one of the modes. Once this mode is adopted and by virtue of the statutory provisions the person responsible

CBI has no legal existence, Creation of CBI illegal – HC

November 6, 2013 4704 Views 0 comment Print

(i) Whether Central Bureau of Investigation, popularly called CBI, is a constitutionally valid police force empowered to investigate crimes? (ii) Could a police force, empowered to investigate crimes, have been created and constituted by a mere Resolution of Ministry of Home Affairs, Government of India, in purported exercise of its executive powers?

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