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Orissa High Court

Sale not become intra-State when Assembly of Parts was within state which were brought from other states

September 14, 2021 909 Views 0 comment Print

Larsen & Toubro Ltd. Vs State of Orissa (Orissa High Court) as far as the present case is concerned, merely because the component parts were brought from different places outside Orissa and assembled in Orissa, it cannot be said that it was an intra-State sale and that a colourable device was deployed to avoid paying […]

Orissa HC exempts vessel from custom duty as notification cannot have retrospective application

September 4, 2021 984 Views 0 comment Print

Petitioner’s imported vessels namely; ‘Jag Arnav’, ‘Jag Ratan’ and ‘Jag Rani’ were exempted from the payment of custom duty when they were first called in Indian Port. The Petitioner’s contention relied on the fact that the Exemption Notification 2012 which levied custom duty on imported vessels was passed after the import of their vessel and cannot have a retrospective application. Hence exempted the Petitioner from the payment of custom duty

Appeal can’t be dismissed for want of certified copy of order appealed against

September 1, 2021 5667 Views 0 comment Print

High Court of Orissa held that, mere delay in enclosing a certified copy of order appealed against along with the appeal should not be considered for rejecting the Appeal.

TDS deductible on conveyance allowance by LIC to its Development Officers

August 28, 2021 3648 Views 0 comment Print

Life Insurance Corporation of India Vs. ITO (TDS) (Orissa High Court) The short question that arises is whether LIC had a statutory obligation to deduct tax at source while paying the conveyance/additional allowance to its development officers? In support of the contention that conveyance/additional allowance are not income and therefore not liable for deduction of […]

Orissa HC stays section 148 notice issued in violation of section 148A

August 28, 2021 1716 Views 1 comment Print

Charana Panda (HUF) Vs ITO (Orissa High Court) 1. The Petitioner contends that there is violation of Section 148-A of the Income Tax Act, 1961 (‘Act’) and also that the proceedings are time barred. The competency of the officer who issued notice under Section 148 of the Act is also questioned. 2. Issue notice. 3. […]

Power to extend period to be exercised before expiry of original limitation period

July 29, 2021 2589 Views 0 comment Print

Cobra Instalaciones Y Servicios, S.A. Vs Commissioner of Sales Tax (Orissa High Court)  M/s Cobra Instalaciones Y Servicios (Petitioner) challenged an assessment order dated May 15, 2013 (Assessment Order) passed under Section 42 of the Odisha Value Added Tax Act, 2004 (OVAT Act) for being passed beyond the period of limitation i.e. after lapse of […]

Non issue of Draft Assessment order before passing Final order violates Section 144B

July 8, 2021 2649 Views 0 comment Print

Orissa Stevedores Ltd. Vs Union of India And Others (Orissa High Court) 1. The challenge is that the order is violative of the principles of natural justice as no opportunity of hearing was given to the Petitioner. 2. Figures of the taxable income and demand for AY 2018-19 in the impugned assessment order of the […]

HC directs Condonation of delay in filing revocation application of GST registration

July 7, 2021 7125 Views 0 comment Print

Gautam Construction Vs Commissioner of CT and GST (Orissa High Court) The delay in Petitioner’s invoking the proviso to Rule 23 of the Odisha Goods and Services Tax Rules (OGST Rules) is condoned and it is directed that subject to the Petitioner depositing all the taxes, interest, late fee, penalty etc. due and complying with […]

HC declines to interfere at the stage of issuance of Section 147 notice for reopening

July 5, 2021 1566 Views 0 comment Print

Court is not satisfied that the Petitioner has made out any case for interference by the Court at the present stage, i.e. the stage of issuance of the notice for reopening of the assessment under Section 147

Wrongful availment of ITC – Orissa HC denies Bail

June 30, 2021 948 Views 0 comment Print

Santosh Kumar Gupta Vs Union of India (Orissa High Court) The genesis of the case relates to the search conducted on 29.02.2020 in the office premises of M/s. Pacific Packaging Industries which is a proprietorship concern of the Petitioner by the Senior Intelligence Officers of the Directorate General of Goods and Services Tax Intelligence. In […]

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