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Orissa High Court

OVAT: Reopening of assessment based on mere objection of AG (Audit) is invalid

January 16, 2023 603 Views 0 comment Print

R.K. Industries Vs State of Odisha (Orissa High Court) The factual finding by the JCST was that the reopening of the assessment was done by the AO by simply accepting the objection of the AG (Audit) without forming independent opinion on whether such objection by the AG (Audit) was correct or not. There was no […]

No Tax on Interest on mandatory reserves created under Major Ports Trust Act 

January 16, 2023 738 Views 0 comment Print

As regards the deletion of addition of Rs.57 crores under the head of ‘interest accrued on investment on Capital Asset, Replacement Reserve Fund and Development, Repayment of Loan and Contingencies Reserve Fund’, it is pointed out that the Assessee has two statutory reserve funds viz., (i) Replacement, Rehabilitation, Modernization of Capital Assets Reserve and (ii) Reserve for Development, Repayment of Loans and Contingencies.

Surcharge under OST Act is leviable before deducting entry tax paid by dealer

January 14, 2023 984 Views 0 comment Print

Surcharge under Section 5A of OST Act is to be levied before deducting entry tax paid by dealer pursuant to Orissa Entry Tax Act, 1999.

VCR/E-challan or Prosecution Report shall not be a bar for cancellation of vehicle registration

January 14, 2023 2484 Views 0 comment Print

Pendency of arrear tax and penalty under Odisha Motor Vehicles Taxation Act, 1975 or Tax Recovery Proceeding or audit dues (IR) or VCR/E-challan or Prosecution Report shall not be a bar for cancellation of certificate or registration under Section 55 of MV Act.

HC directs tribunal to examine Validity of audit assessment on account of delay in submission of AVR under Orissa Entry Tax Act

January 14, 2023 924 Views 0 comment Print

Tribunal will examine whether the audit assessment is invalid on account of the delay in submission of the AVR in terms of Section 9-C (5) of the OET Act and in light of the decision of this Court in M/s. Chandrakanta Jayantilal, Cuttack

 HC quashes SCN for retrieval of matter from ‘Call book’ after 16 years

January 14, 2023 1041 Views 0 comment Print

Court is unable to find any valid explanation offered by Department in delaying in issuing initial SCN under Section 11A of CE Act, 4 years after the period of demand and then, more importantly, taking 16 years to retrieve the matter from Call Book

Exemption from Additional Excise duty to fabrics not result into levy of VAT: Orissa HC

January 14, 2023 657 Views 0 comment Print

Textiles stood excluded from purview of ADE Act. It was accordingly concluded by STO that they would become amenable to Orissa sales tax from that date.

Section 153A proceedings invalid in absence of valid search warrant

January 13, 2023 1680 Views 0 comment Print

CIT Vs Sikhya ‘O’ Anusandhan (Orissa High Court) Court in the first round of litigation accepted the legal position that without there being a valid search warrant authorizing the search in the premises of the Assessee under Section 132 of the Act, the question of initiating proceedings under Section 153A of the Act did not […]

VKC Footsteps judgment followed for refund of zero-rated supplies under rule 89(4)

January 12, 2023 4728 Views 0 comment Print

Orissa High Court held that Court does not consider it expedient to go beyond what is stated in Union of India Vrs. VKC Footsteps India Pvt. Ltd., (2022) 2 SCC 603 for the purpose of ascertaining quantum of refund in case of zero-rated supplies as prescribed under Rule 89(4) of the GST Rules .

Assessee can challenge reopening notice at the stage of challenging consequential Assessment order: HC

January 10, 2023 2478 Views 0 comment Print

Auroglobal Comtrade Private Limited Vs Chairman, CBDT & Others (Orissa High Court) HC declined to accept challenge to the Reopening notices under Section 148-A(1)(b) of the Act as well as the consequential order under Section 148-A(1)(d) of the Act by holding that the Petitioners/Assessees in those cases would have a full opportunity of urging all […]

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