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Jharkhand High Court

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

April 15, 2023 858 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 14868 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 858 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 3948 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 834 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 2742 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 5634 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 771 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 1617 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 5508 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.

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