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Jharkhand High Court

Provision for Warranty Expenses allowed as business expense u/s 37

June 23, 2023 1323 Views 0 comment Print

Jharkhand High Court held that ‘Provision for Warranty Expenses’ is allowable as business expense as large number of sophisticated goods were manufactured in past and if facts established show that defects existing in some of items manufactured and sold then provision for warranty is entitled to deduction.

Delay in Uploading Order or Generating DIN Not Invalidate Assessment Order

June 22, 2023 6090 Views 0 comment Print

In a case between Prakash Lal Khandelwal and CIT, Jharkhand High Court determined that a one-day delay in uploading an order or generating a DIN does not render an assessment order unsustainable.

PML Act: Section 24 Presumption can be Rebutted only at Trial Stage

May 31, 2023 999 Views 0 comment Print

Jharkhand High Court ruled that presumption under Section 24 of Prevention of Money Laundering Act can only be rebutted during trial stage

Jharkhand HC Allows Revocation of Cancelled GST Registration by June 30, 2023

May 31, 2023 2730 Views 0 comment Print

Jharkhand HC held that cancelled GST registration can be revoked until June 30, 2023, as per the notification issued by CBIC.

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

May 29, 2023 579 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 2553 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 6645 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 927 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 1518 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 1305 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 […]

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