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Patna High Court

Section 10(23C)(iiiab) exemption on Print & sale of text books at low rates to reach children of deprived sections of society

September 4, 2020 1014 Views 0 comment Print

Where State Government was extending cash subsidy to assessee for print and sale of text books at low rates to reach children of deprived sections of society, considering fact that assessee was carrying on the activity which squarely fell within the definition of section 10(15) (charitable purpose) and was dependent upon finance of the State, assessee was eligible for deduction under section 10(23C)(iiiab).

Allow petitioner to upload appeal on GST Web Portal on payment of agreed tax, interest & penalty: HC

August 27, 2020 870 Views 0 comment Print

Sanyog Construction Private Limited Vs State of Bihar (Patna High Court) Learned Counsel appearing for the State, states that if the petitioner deposits the amount towards tax, interest, fine, fee and penalty as admitted by him and also a sum equal to 10% of the remaining amount of tax in dispute arising from the impugned […]

No bail despite 7 year in Jail due to valid order of remand in other 2 cases

August 18, 2020 2511 Views 0 comment Print

Ritlal Rai Vs. Union of India (Patna High Court) In this case Though the petitioner has already suffered maximum punishment of seven years, so in the present case lodged under the PML Act, he cannot be kept in judicial custody but, because in two cases in which he is still in jail with respect to […]

Industrial Incentive Policy 2006 announced by Bihar Government covers subsidy on entry tax

August 13, 2020 1716 Views 0 comment Print

Gangotri Iron and Steel Co. Ltd. Vs The State of Bihar (Patna High Court) Facts- The petitioner is engaged in the business of manufacturing M. S. Billets TMT Steel Bars and Industrial Oxygen Gas. The petitioner stated that the respondent (State of Bihar) had announced Industrial Incentive Policy 2006. The petitioner stated that policy provides […]

HC quashes order passed in violation of principles of natural justice

July 13, 2020 1716 Views 0 comment Print

Shiv Kishor Construction Private Limited Vs UOI (Patna High Court) It is not disputed that one of the impugned orders stands passed in violation of principles of natural justice. Impugned order dated 2nd of March, 2020 is passed by the Deputy Commissioner of State Tax, Patna Central Circle, Bihar, Patna who issued a notice asking the […]

HC explains provisions of Section 45(1) of PMLA, 2002 – Offences to be cognizable & non- bailable

May 28, 2020 5739 Views 0 comment Print

Ahilya Devi Wife of Late Birendar Yadav Vs State of Bihar (Patna High Court) It is eminent that clause (ii) of sub-Section (1) of Section 45 of the Act places two conditions for release of a person accused of an offence under the Act, on bail, if a Public Prosecutor opposes the bail application, namely; […]

GST order not valid if passed without opportunity of hearing to assessee

January 14, 2020 1908 Views 0 comment Print

HC find that the order dated 26.09.2018 to be not assigning any reasons whatsoever. Also, HC noticed that prior to passing of the impugned order, no opportunity of hearing was ever afforded to the writ-petitioner. As such, there was gross violation of principles of natural justice in passing of the impugned order.

Section 12AA Registration cannot be cancelled unless CIT / Pr. CIT satisfied that  activities of such trust or institution are not genuine

August 13, 2019 3861 Views 0 comment Print

St. Michaels Educational Association Vs CIT (Patna High Court) This Miscellaneous Appeal filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) is directed against the order dated 22.07.2015 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna in Appeal Case No. ITA No. 141/Pat/2012, whereby the appeal […]

Addition for cash found with others cannot be added to Appellant’s income in absence of reasonable nexus

August 8, 2019 2301 Views 0 comment Print

Dharmraj Prasad Bibhuti Vs ITAT, Patna (Patna High Court) Section 132 (4A) of the I.T. Act provides that where any books of Accounts, other documents, money etc. is found in possession or control of any person in course of search, it may be presumed that the same belongs to such person. It is apparent from […]

Goods cannot be detained if expired E-way Bill extended before detention order

August 6, 2019 4167 Views 0 comment Print

Ram Charitra Ram Harihar Prasad Vs State of Bihar (Patna High Court) In so far as the present case is concerned, the document at Annexure -A series would confirm that the goods were tax paid and thus the exercise had to be regulated under the provisions of Section 129(1 )(b) which provides for a lenient […]

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