Orissa High Court

TRO cannot attach property subjected to SARFAESI recovery proceedings

State Bank of India & Anr. Vs ITO (Orissa High Court)

Where properties attached by Tax Recovery Officer (TRO) had already been subjected to recovery proceedings by a secured creditor under SARFAESI Act, 2002, the attachment order was quashed in view of section 35 of SARFAESI Act which makes it clear that the Act would override other laws and would have effect notwithstanding anything inconsi...

Read More

Ballasts or boulders or chips are mineral for Sales Tax levy: Orissa HC

State of Orissa Vs M/s. D. K. Construction (Orissa High Court,)

Ballasts or boulders or chips being mineral as per Entry 117 of the taxable list are exigible to tax at the rate of 4% of taxable list. Moreover, the appeal has been purportedly filed before the Tribunal with proper perspective and there is no defect in raising any such plea before it. ...

Read More

No Interest on Sales Tax Refund during Pendency of Re-Assessment Proceedings under Orissa Sales Tax Act, 1947

M/s. Bawa Trading Co Vs Sales Tax Officer and others (Orissa High Court,)

The fact in the instant case is that the assessee has submitted its return, which was assessed, but subsequently it was found that there is some suppression in submission of return so far as it relates to gross turn-over of the assessee and as such, reassessment order has been directed to be initiated under the provisions of Section 12(8)...

Read More

Demand without pre show cause notice for consultation meeting valid if appellant suppressed facts

Commnr.,Central Excise, Customs and Service Tax Vs Sanket Communications Pvt. Ltd. (Orissa High Court)

Commnr.,Central Excise, Customs and Service Tax Vs Sanket Communications Pvt. Ltd. (Orissa High Court) Heard Mr.P.Mohapatra, learned Standing counsel for the Central Excise, Customs & Service Tax for the petitioners and learned counsel appearing for the opposite party. Petitioners have filed this application to review/modification of ...

Read More

Section 234E – Odisha High Court Stays Recovery Proceeding

Partha Sarathi Das Vs UOI & Ors. (Orissa High Court)

Hon'ble Odisha High Court has granted stay on the recovery of Late fee charged Under Section 234E of the Income Tax Act,1961. In Separate cases Hon'ble Bombay, Rajashthan, Kerala and Karnataka High Court has already stayed the Recovery Proceeding U/s. 234E of the Income Tax Act,1961 till the final verdict in the case. ...

Read More

Section 132 – Assessing Officer has no authority to seize stock-in-trade

Puspa Ranjan Sahoo Vs Assistant Director of Income-tax (INV) (Orissa High Court)

Section 132(1)(iii) empowers the authorized officer to seize any such books of account, other documents, money, bullion, jewellery or other valuable article or thing found as a result of such search which represent either wholly or partly undisclosed income or property of the person. However, the proviso carves out an exception....

Read More

HC criticises Income Tax Department for playing dirty games with Assessee

Management Committee (CFH Scheme) Vs Income-tax Officer (TDS), Cuttack (Orissa High Court)

Department cannot take advantage of its own inaction and lapses by taking a stand that the financial year is over. Such action of the opposite parties as rightly apprehended by the petitioner would lead to unnecessary complication and unavoidable and inappropriate proceedings. Had the certificate been given in time as was done in the prev...

Read More

No Refund for Failure to Furnish Reco of Income as per TDS certificate & P/L a/c

Santuka Agencies Vs Income-tax Officer (Orissa High Court)

There is no material evidence on record to show that the assessee had produced any reconciliation statement of interest and contractual receipts as per TDS certificate compared to turnover credited in the P & L Account as per the audited statement. In view of the provisions of Section 237 of the Income Tax Act and averments made in parag...

Read More

Exemption can’t be denied if placement & training fees is collected under law

Orissa Trust of Technical Education and Training Vs Chief Commissioner of Income-tax (Orrisa High Court)

Chief Commissioner has relied on the Government of India resolution providing for fee structure, 1997 and the Government of Orissa Industries Department Resolution dated 17.09.1998 to come to a conclusion that the fees collected towards "placement and training" is in excess of what was prescribed by the said resolutions. Petitioner's case...

Read More

Refusal to convert warrants into equity shares cannot constitute ingredients of complaint u/s. 397/398 of Companies Act

Orissa Sponge Iron & Steel Ltd. Vs Bhushan Energy Ltd. (Orissa High Court)

The refusal of OSIL to convert 35,00,000 warrants held by Bhushan Energy Limited into equal number of equity shares may amount to a breach of contract but such breach of contract cannot constitute the ingredients of a complaint under Sections 397, 398, 402 and 403 of the Companies Act. As decided in the case of Incable Net (Andhra) Ltd. (...

Read More

Browse All Categories

CA, CS, CMA (6,059)
Company Law (8,334)
Corporate Law (10,062)
Custom Duty (9,240)
DGFT (4,797)
Excise Duty (4,730)
Fema / RBI (5,190)
Finance (5,586)
Income Tax (41,470)
SEBI (4,473)
Service Tax (3,972)

Search Posts by Date

June 2022