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Orissa High Court

Addition u/s 68 sustained as no fresh affidavits produced proving borrowing of unsecured loans

March 10, 2023 726 Views 0 comment Print

Unideep Food Vs T.K. Satapathy (Orissa high court) Orissa High Court held that assessee failed to produce any fresh affidavits proving that it had borrowed unsecured loans from lender farmers as directed by ITAT while remanding the matter. Accordingly, addition under section 68 sustained. Facts- This appeal by the Assessee is directed against an order […]

ITC on GTA Services cannot be reversed in absence of specific provision 

March 6, 2023 660 Views 0 comment Print

Issue before CESTAT was regarding justifiability of demand of service tax raised on Assessee disallowing credit availed on input service attributable to quantity of iron ore fines and coal fines cleared by Assessee.

Section 80P(4) deduction allowable to Co-Op Society involved in Banking Business

March 5, 2023 2211 Views 1 comment Print

Cuttack Central Co-operative Bank Ltd Vs ACIT (Orissa High Court) ITAT held that Appellant-Assessee would be entitled to the benefit of the deduction under Section 80P(4) of the Act since it is a Cooperative Society involved in the business of banking. FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. While admitting the present […]

HC not accepted plea against GST demand already paid in full without any protest

March 5, 2023 1686 Views 0 comment Print

D. Murali Mohan Patanaik Vs Secretary to Government of Odisha (Orissa High Court) Under Rule 142 (1A) and (2A) of the OGST Rules, it is open to a person against whom a demand is raised to make a ‘partial payment’ and also to ‘file any submissions against the proposed liability’ in Part-B of Form-GST DRC-01A. […]

Assessee permitted to rectify its GSTR-1 for FY 17-18 & 18-19 to avail ITC benefits

February 28, 2023 6885 Views 0 comment Print

HC permitted assessee to rectify error of mentioning B2C instead of B2B in Form GSTR-1 at the time of filing of returns, holding that assessee would be prejudiced if it is not allowed to avail benefits of ITC

Transfer of jurisdiction in absence of any order u/s 127 is unsustainable

February 23, 2023 4599 Views 0 comment Print

Orissa High Court held that transfer of jurisdiction from CIT (IT)-1 New Delhi to Bhubaneswar without passing of any order under section 127 of the Income Tax Act transferring jurisdiction is unsustainable and liable to be set aside.

Jurisdiction of Assessee cannot be transferred Automatically to Jurisdiction of Company in which he is director

February 17, 2023 2688 Views 0 comment Print

Petitioner was surprised that jurisdiction had been shifted from Bhubaneswar to Balasore and he accordingly filed an objection on 10th March, 2016.

Purchases/Sales suppression cannot be based on ‘Eye Estimation’ of Stock

February 16, 2023 2169 Views 0 comment Print

HC held that there cannot be an automatic enhancement of taxable turnover on the basis of eye estimation by the Assessing Officer

CST not leviable as interstate movement of goods merely a branch transfer

February 13, 2023 1983 Views 0 comment Print

Orissa High Court held that assessee has discharged its initial burden of showing that the transaction was only a branch transfer, whereas, the Department has been unable to prove the transaction was not merely a branch transfer but was a movement of goods by way of interstate sale. Accordingly, Central Sales Tax not leviable.

Whether writ against notice u/s 148 is maintainable

February 4, 2023 2259 Views 0 comment Print

Pawan Kumar Agrawala Vs Income Tax Officer (Orissa High Court) The Chief Justice bench of Orissa High Court, of late has not been entertaining writ petition against notice u/s 148 in view of the decision of the Supreme Court in the case of Anshul Jain. This is notwithstanding the fact that on 1st February 2023, […]

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