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Jharkhand High Court

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

March 14, 2023 3858 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.

HC denies anticipatory bail in alleged transfer of Income tax assessment under a criminal conspiracy

March 11, 2023 780 Views 0 comment Print

Akash Agarwal Vs Union of India through CBI (Jharkhand High Court) Apprehending his arrest, petitioner- Akash Agarwal @ Akash Aggarwal has moved this Court for grant of privilege of anticipatory bail in connection with RC AC1 2018A 0006 [corresponding to R.C.06(A)/2018-D] registered under Section 120-B of the Indian Penal Code read with Sections 7,8, 12 […]

Revenue appeal dismissed as tax effect is below prescribed monetary limit

March 10, 2023 2577 Views 0 comment Print

PCIT Vs Urmila RCP Projects Pvt. Ltd. (Jharkhand High Court) Jharkhand High Court dismissed the tax appeal filed by the revenue on the question of maintainability as the tax effect involved in the matter is much below the monetary limit as enumerated in Circular No. 3/2018, Dated: 11/07/2018 read with Circular No. 17 of 2019. […]

Limitation period in case of GST Refund rejection – Rule 89(1A)

March 10, 2023 5352 Views 0 comment Print

Gajraj Vahan Private Limited Vs State of Jharkhand (Jharkhand High Court) As per the amended Rule 89 (1A) of CGST Rules, 2017 and Circular dated 25.09.2021, the limitation period for seeking refund would be two years from the date of the instant notification i.e. 24.09.2021. However, in the face of rejection order, petitioner cannot make […]

Unadjusted TDS amount under JVAT Act is duly available under JGST Act

March 6, 2023 699 Views 0 comment Print

Jharkhand High Court held that denying migration of unadjusted TDS amount under JVAT Act (Jharkhand Value Added Tax Act) to JGST (Jharkhand Goods and Services Tax Act, 2017) is not sustainable in the eye of law.

Appeal dismissed for non-payment of mandatory pre-deposit – HC restores appeal subject to payment of deposit

March 6, 2023 1470 Views 0 comment Print

Jharkhand HC remands case as unregistered dealer, Amar Ent., intends to make mandatory pre-deposit. Appeal to be heard on merits post-deposit.

Miscellaneous application u/s 254(2) is valid if filed within Four Years of date of actual receipt of judgment

March 6, 2023 4323 Views 0 comment Print

Once it is found that rectification application u/s 254(2) of I. T. Act, 1961 has been submitted within a period of four years from the date of actual receipt of judgment and order passed by tribunal, which is sought to be reviewed, petitioner is entitled to relief.

HC allows Payment of Pre-Deposit as Assessee was Unaware of Mandatory Payment provision for appeal filing

March 6, 2023 3936 Views 0 comment Print

Mukesh Kumar Singh Vs Commissioner (Appeals) CGST & C. Ex (Jharkhand High Court) Admittedly, petitioner is an unregistered dealer. His appeal has been dismissed on the ground of non-payment of mandatory pre-deposit. It does not appear that there was intent on the part of the petitioner to avoid payment of pre-deposit @7.5% as provided under […]

SCN for demand without jurisdiction as appellate authority ruled in favour of appellant & dept not appealed further

March 5, 2023 1356 Views 0 comment Print

Ambey Mining challenges jurisdiction of two GST notices for the same period already adjudicated. High Court stay granted.

JVAT: No Section 40(2) Penalty in absence of deliberate act to file incorrect returns

March 4, 2023 783 Views 0 comment Print

Jharkhand High Court held that as there is no act to deliberately file incorrect returns, hence penalty under section 40(2) of the Jharkhand Value Added Tax Act, 2005.

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