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Jammu & Kashmir HC

S. 138 | N.I. Act | Fine should adequately compensate the complainant

December 9, 2021 26316 Views 0 comment Print

Yasir Amin Khan Vs Abdul Rashid Ganie (Jammu and Kashmir High Court) Facts- Special Mobile Magistrate convicted a man and punished him with simple imprisonment for a term of 6 months in a cheque bounce case of INR 10 Lakhs and in addition, he was also held liable to pay compensation of INR 2 Lakhs […]

HC Notice on plea against demand of Additional 9% Token Tax on Motor Vehicles despite payment of life-time Tax

July 12, 2021 993 Views 0 comment Print

Zahoor Ahmad Bhat Vs Hirdesh Kumar (Jmmu And Kashmir High Court) The Division Bench judgment of this court dated 29.4.2021 passed in WP(C) No. 669/2021 connected with WP(C) No. 777/2021 inter alia provides as under: i) That a vehicle once registered in any state of India, shall not be required to be registered elsewhere in […]

Discount deductible from Taxable Turnover under J&K Sales Tax

March 26, 2021 819 Views 0 comment Print

MRF Limited Vs Dy. Commissioner Commercial Taxes and anr. (Jammu and Kashmir High Court) In the cases at hand, the documents on record reveal that every voucher provides for 1% turnover discount, meaning thereby that the discount has been actually allowed as per the agreement/understanding of the parties. The said discount stand deducted as a […]

GST Refund cannot be denied without issuing SCN

March 17, 2021 3993 Views 0 comment Print

Navneet R. Jhanwar Vs State Tax Officer and others (Jammu and Kashmir High Court) Admittedly, the claim for refund was initially sought to be rejected by respondent No.1 on the ground that it was barred by limitation. Section 54 of the Act provides a period of two years for making an application for refund from […]

Credit cannot be denied for merely for non-filing of TRAN-1 form

February 5, 2021 2898 Views 0 comment Print

Where the petitioner instead of submitting TRAN-1 form for claiming ITC submitted GSTR-3B. The court held that the petitioner cannot be deprived of the benefit  of claiming the credit lying in its account on the stipulated date only on the basis of procedural or technical wrangles that one form TRAN-1 was not  filled by the petitioner particularly when the petitioner has reflected the said credit in its return GSTR-3B.

J&K HC dismisses plea challenging alleged house arrest of Farooq Abdullah

November 5, 2019 762 Views 0 comment Print

The Jammu and Kashmir High Court declined to entertain pleas filed by the kin of former Chief Minister Farooq Abdullah challenging their alleged house arrest by the State. High Court held that In writ proceedings, a fact is to be supported and proved by authentic documentary evidence. Press cuttings cannot be relied upon as authentic documentary evidence.

Notice U/s. 143(2) not must if return not furnished in response to Notice U/s. 148

October 11, 2018 5961 Views 0 comment Print

PCIT v. M/S Broadway Shoe Co. (Jammu & Kashmir High Court) Admittedly in the instant case, the return was filed by the assessee after the time prescribed for filing return under Sections 139(1) and 139(4) had expired. Therefore, the return filed by the assessee has to be treated as non-est. The proceedings under Section 147 of […]

Prosecution u/s 276C/277: Burden of proving absence of mens rea is upon accused

September 28, 2018 9069 Views 0 comment Print

Arun Arya Vs. ITO (J&K High Court) Under the Income-Tax Act, 1961 there are various provisions for compliance with taxing provisions and the collection of taxes. The Income-tax Act seeks to enforce tax compliance in a three fold manner; namely 1) Imposition of interests 2) Imposition of penalties and 3) Prosecutions. In the fight against […]

Section 10 (23C) (iiiad) Total annual receipts of each institution should be taken separately for the benefit of tax exemption

December 29, 2017 27888 Views 0 comment Print

M/s. Vivekanand Society of Education and Research Vs CIT (Jammu & Kashmir High Court) Where there are more than one such institutions, which are under a particular society or trust, such as the assessee society in the present case, the aggregate annual receipts of each of the educational institutions would have to be considered separately […]

Gold converted in jewelery/ ornament eligible for deduction U/s. 80-IB

August 10, 2017 1998 Views 0 comment Print

Whether the Income Tax Appellate Tribunal was justified in deleting the addition made by the assessing officer by dis-allowing the deduction claimed under section 80-IB of the Income Tax Act, 1961

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