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Patna High Court

Proceedings under Bihar VAT & IPC are Independent to each other: HC

December 13, 2017 2049 Views 0 comment Print

The Patna High Court, in a recent ruling, held that the prosecution in criminal law and proceedings arising under the Bihar Value Added Tax Act, 2005 are undoubtedly independent proceedings and, there is no impediment in law for the criminal proceedings to proceed even during the pendency of the proceedings under the Bihar Value Added Tax Act, 2005.

Retention of seized cash to be utilised towards tax dues already determined

May 18, 2017 1002 Views 0 comment Print

Facts on record go to show that on 21-3-2014 when the petitioners were carrying a sum of Rs. 30 lakhs in New Delhi purportedly having received it as certain sale proceeds, the author­ities of the Income Tax Department at New Delhi seized the amount and thereafter when the amount was not released and no action was taken for a period of about two years, this writ petition has been filed.

State cannot Ban Production of Extra Neutral Alcohol: Patna HC

May 3, 2017 2277 Views 0 comment Print

1. Challenging the constitutional validity of certain provisions under the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the Prohibition Act‘), these writ petitions have been filed and the reliefs claimed are to declare Section 2(40) (ii), Section 13, Section 23 and Section 24(1) of the Prohibition Act as ultra vires to the […]

Levy of Bihar Entry Tax Act & Interest on Late Payment of Entry Tax is constitutional: HC

April 19, 2017 6207 Views 0 comment Print

(i) Whether the second proviso to Section 3(2) of the Entry Tax Act is ultra vires to the Constitution? (ii) Whether interest can be levied in the matter of late payment of entry tax under the Entry Tax Act, by virtue of the provisions of the Bihar Finance Act, and, with the aid of Section 8 of the Entry Tax Act?

Retired VAT Officer can be appointed as member of VAT Tribunal: HC

February 10, 2017 1221 Views 0 comment Print

Mere fact that at one point of time, the officer was working with the Commercial Taxes Department, cannot be a reasonable suspicion to disqualify him for appointment.

Addition u/s. 68 justified for Capital introduced by partner in assessee firm from sale of agricultural land with No documentary evidence to substantiate sale

July 1, 2016 6831 Views 0 comment Print

AO cannot look into source of source, i.e., of third party only, however assessee’s case was different as the party was closely connected with the assessee. Firm as a partner thereof assessee clearly failed to produce the sale deeds of the sale of agricultural land by partner therefore was justified in making addition under section 68.

No VAT on free supply of medicines – State Govt. not competent to levy tax on the basis of MRP or any other notional value

December 5, 2015 2674 Views 0 comment Print

Mapra Laboratories Pvt. Ltd. and others (the Petitioners) were engaged in manufacture and sale of medicines and had been regularly filing returns to the concerned Authorities. The Petitioners were claiming an exemption in respect of free of cost supply of medicines to its dealer under a scheme

Personal accountability with fine imposed on custom officials for non compliance of release order of goods

November 30, 2015 911 Views 0 comment Print

Patna High Court held In the case of M/s Overseas Enterprises vs. The Union of India through the CC of Customs that there was absolutely no justification at all either on fact or in law in not giving effect to the order of the provisional release dated 28.03.2013.

HC jailed Top Custom Authorities for ‘Contempt of Court’

September 6, 2012 1826 Views 0 comment Print

This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for their deliberate and willful non-compliance and violation of order dated 14.11.2011,

Interrogation by Income tax officials till late night is torture & violation of human rights

February 2, 2012 7411 Views 0 comment Print

CCIT Vs. Rajendra Singh (Patna High Court)- Even assuming that there were temporary breaks in course of interrogation which continued for 42 hours, it is not in dispute that even on the second night of search and survey on 10.9.2010, the interrogations continued till 3 A.M. and the respondent no.3 and his family members were made to remain awake when it was time for sleep.

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