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Orissa High Court

Addition without providing copies of seized materials – HC upheld deletion

April 16, 2023 1473 Views 0 comment Print

PCIT (Exemption) Vs Bishandayal Jewellers (Orissa High Court) Before the CIT(A), the Assessee claimed that the Assessing Officer (AO) had not given copies of the seized materials extracted from the hard disk and the pen drive. The CIT( A) called for a remand report from the AO. By the time, the remand report could be […]

Enhancement of holding tax: Orissa HC directs fresh adjudication

April 16, 2023 1011 Views 0 comment Print

There is no dispute through Annexure-1 that the earlier assessment assessing the Petitioner’s building by the Sambalpur Municipal Corporation as it was then operating raising the holding tax to Rs. 1,19,858/- and the proposal for further assessment is only made by way of notice dated 22.2.2023 enhancing the holding tax from Rs.1,19,858/- to Rs. 3,12,609/- per annum.

Licence for ‘IMFL Restaurant ON Shop’ cannot be rejected for mere non-filing of GST return

April 15, 2023 282 Views 0 comment Print

Galaxy Bar and Restaurant Vs State of Odisha and others (Orissa High Court) Aggrieved by the non-grant of a licence for an IMFL Restaurant ON Shop under the name and style as ‘Galaxy Bar and Restaurant at Nayagarh’, the Petitioner has filed the present writ petition seeking a direction to the Opposite Parties to process […]

Section 263 proceeding initiated without inquiry – CIT(E) failed to consider capital expenditure

April 15, 2023 393 Views 0 comment Print

CIT (Exemptions) Vs Kalinga Institute of Industrial Technology (Orissa High Court) On 12th January 2022, the CIT (E) issued a show cause notice (SCN) to the Assessee under Section 263 of the Act stating that a sum of Rs.1,11,54,33,001/- collected as development fees from its students had been directly carried to the balance sheet under […]

GST Officer must accept payment of tax by using electronic credit ledger: HC

April 15, 2023 7368 Views 0 comment Print

HC held that it was incumbent on the CT and GST Officer to accept the payment of tax by using electronic credit ledger (ECL).

Pre deposit under GST Appeal can be made through electronic credit ledger

April 14, 2023 16068 Views 1 comment Print

Any payment towards output tax, whether self-assessed in the return or payable as a consequence of any proceeding instituted under the provisions of GST Laws, can be made by utilization of the amount available in the electronic credit ledger of a registered person

HC quashes service tax notices issued after lapse of 10 years

April 12, 2023 822 Views 0 comment Print

After lapse of 10 years second impugned notice dated 30th October, 2017 was issued to the Petitioner asking him to appear for hearing. The Petitioner filed an application dated 9th November, 2017 before the authority expressing its inability to collect documents after such a long lapse of time.

HC set-aside order passed on the basis of wrong assumption of non-filing of return & appeal

April 12, 2023 903 Views 0 comment Print

It was wrongly noted that the Assessee has not filed any return of income, when in fact Assessee had filed its return. It was further wrongly noted that the Assessee has not preferred appeal against the assessment order when in fact the Petitioner had filed the aforementioned appeal.

Reasons recorded mere repetition of report of DDI. (Inv.)- Reassessment order set aside

April 12, 2023 1026 Views 0 comment Print

Sri Laxmi Narayan Agency Vs ITO (Orissa High Court) On writ the assessee contended that the documents on the basis of which the Assessing Officer had formed the reason to believe that income had escaped assessment were not supplied to the assessee, and that the request for opportunity of cross-examination of the persons on the […]

Petitioner required to compensate by payment of interest as State of Odisha deprived of recovering 2/3rd tax due

April 8, 2023 2820 Views 0 comment Print

Orissa High Court held that State of Odisha was deprived of recovering 2/3rd of tax due by virtue of interim order of the Supreme Court of India, accordingly, petitioner is required to compensate the State of Odisha by making payment towards interest in the interest of justice and equity.

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