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Jharkhand High Court

Recording of reasons mandatory for initiation of proceedings u/s 35(7) of JVAT

May 29, 2023 738 Views 0 comment Print

Jharkhand High Court held that it is mandatory to record reasons for initiation of proceedings under Section 35(7) of the Jharkhand Value Added Tax Act (JVAT Act). Non-recording of the same makes the proceedings untenable in law.

HC directs AO to allow Cross Examination of witness without interfering or restricting

May 14, 2023 2973 Views 0 comment Print

HC directs AO to provide effective cross-examination opportunity in accordance with provisions of Indian Evidence Act, 1872 and permit petitioner to cross- examine without in any manner interfering or restricting.

Seizure of goods & vehicle for Expiry of E-Way bill- HC directs Disposal of Appeal

May 14, 2023 6837 Views 0 comment Print

Since the E-way bill had expired an order of detention in Form GST MOV-06 and a notice in Form GST MOV-07 were issued wherein the petitioner company was directed to show cause as to why the proposed tax and penalty to the tune of Rs. 19,61,100/- be not imposed.

Finance Advisor cannot be prosecuted for TDS Payment defaults of Company

April 27, 2023 1260 Views 0 comment Print

Petitioner is neither an employee of HEC, Ltd., nor he is responsible for collection of TDS, on behalf of HEC, from any contractors, employees or others

HC grants interim protection on levy of GST on mining lease / royalty/DMF

April 20, 2023 1806 Views 0 comment Print

HC granted interim protection on levy of GST on mining lease / royalty upon the petitioner who is lessee of minor minerals

Sec. 263 revision to cancel non existing original assessment order is not tenable

April 17, 2023 1602 Views 0 comment Print

PCIT Vs Padma Kumar Jain (Jharkhand High Court) Section 263 revision initiated by CIT second time to cancelling non existing original assessment order isn’t tenable: PCIT v. Padma Kumar Jain – [2022] (Jharkhand) A search and seizure operation was conducted by the Assessing Officer (AO) in the business and residential premises of the assessee-individual. After […]

Transfer of Income Tax cases – HC denies anticipatory Bail in corruption case

April 15, 2023 1080 Views 0 comment Print

The main plea of the petitioners is that the anticipatory bail of these petitioners stand on a better footing than that of two co-accused who have been admitted on interim bail by the Hon’ble Supreme Court who were the Chartered Accountants and against whom there is direct allegation of paying illegal gratification to the principal accused and they were instrumental in getting the accounts of different Income Tax assessees transferred from Kolkata to Ranchi.

Notice on mismatch in GSTR-3B & GSTR-2A without specifying contraventions is vague

April 14, 2023 15834 Views 1 comment Print

Jharkhand High Court held that show cause notice u/s 73(1) on mismatch in GSTR-3B and GSTR-2A issued on standard format without strucking off unnecessary particulars or without specifying contraventions is termed as vague.

Interest on instalments refunded under IDS 2016 not payable as it was not voluntary tax payment

March 15, 2023 1116 Views 0 comment Print

Jharkhand High Court held that instalments paid under Income Declaration Scheme, 2016 is allowed as refund. However, interest on the same is not payable as there was no voluntary payment of tax on self-assessment.

HC Rejects Bail Plea of Wife of Ex-CIT in Disproportionate Assets case

March 14, 2023 4458 Views 0 comment Print

During investigation huge property have been seized which were disproportionate to her known source of income, although, she was housewife and no tax return was filed. It is submitted that the petitioner had several joint bank accounts with her husband Tapas Kumar Dutta, 45 mutual fund investment and number of LIC policies.

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