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Telangana High Court

Section 139 presumption of NI Act unsustainable if transaction not shown in Income Tax Return

September 15, 2021 17322 Views 1 comment Print

Even in the instant case the amount spent by the complainant was not shown in his income tax returns. As such, the trial Court had rightly held that it creates a doubt regarding the financial position of the appellant and if he really spent that much amount, there must be record for him for withdrawal of amount from his bank account and spending the same.

HC Quashes Appointment by SEBI of Grant Thornton As Forensic Auditor of A Company

September 1, 2021 7317 Views 0 comment Print

SEBI’s order appointing GTB as a forensic auditor challenged. High Court quashes decision due to bias concerns, orders new auditor appointment

Digitalization is to convenience tax payers & not to harass them; HC allows Transitional Credit

August 27, 2021 927 Views 0 comment Print

BMW India Financial Services Pvt. Ltd.  Vs Union of India (Telangana High Court) In the facts of the present case, even though the petitioner is in receipt of an acknowledgment number and also an email confirming successful submission of the Form GST TRAN-1 electronically, the information furnished thereunder is not transitioned into online electronic credit […]

Amendment in Bill of Entry cannot be denied when mistake is by Revenue Authorities

August 12, 2021 17214 Views 0 comment Print

Sony India Pvt Ltd Vs Union of India & Another (Telangana High Court) It is the duty and responsibility of the Assessing Officer / Assistant Commissioner to correctly determine the duty leviable in accordance with law before clearing the goods for Home consumption. The assessing officer instead, having failed in correctly determining the duty payable, […]

No Demand can be raised during investigations: Telangana HC

August 3, 2021 5148 Views 0 comment Print

The petitioner, being an assessee under Telangana GST Act, 2017, CGST Act, 2017, and IGST Act, 2017 is issued a letter specifying, Input Tax Credit (ITC) availed by them are on the basis of fake invoices issued by certain fictitious suppliers/firms. The letter further specifies that, ITC availed by the petitioner is in a fraudulent manner without receiving any material, and the petitioner was requested to reverse ITC on such invoices.

Revision petition to CIT maintainable despite dismissal of first appeal at CIT(A) at admission stage

June 25, 2021 1089 Views 0 comment Print

S. Ravinder Vs CIT (Telangana High Court) It is also to be noted that Section 251(1)(a) of the Act stipulates that an appeal filed before the appellate authority to be considered as disposed, would require such order under challenge to be either confirmed, reduced, enhanced or annulled. It goes without saying that the disposal is […]

Extended period of limitation not invocable against NRSA

June 14, 2021 1470 Views 0 comment Print

Commissioner Vs National Remote Sensing Agency (Telangana High Court) the only issue which this Court is now required to consider is as to whether the respondent-NRSA had any intent to evade service tax on its activities during the period 16.07.2001 to 31.03.2005 and on advances received during the period 16.06.2005 to 31.12.2005, justifying the action […]

No criminal prosecution on same allegations if departmental proceedings ended in favour of accused

June 10, 2021 3627 Views 0 comment Print

The standard of proof in criminal proceedings was higher than the standard of proof in civil/departmental proceedings. In a reverse case, where criminal proceedings ended in acquittal but simultaneous departmental proceedings continued, the result of the criminal proceedings would not have any bearing on the departmental proceedings, as judgment of the criminal Court was not binding in civil or departmental proceedings.

HC grants Bail to Former GST Official in Disproportionate assets case

June 3, 2021 2436 Views 0 comment Print

B. Sreenivasa Gandhi Vs Inspector of Police (Telangana High Court) This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1,973, is filed by the petitioner/A-1 seeking to grant bail to him in connection with F.I.R.No.RC 10 (A)/201,9, dated 08.09.2019 of C.B.I., A.C.B., Hyderabad, which was registered against him for the offences […]

No Tax Evasion on Mere Non-Extension of Validity of E-Way Bill

June 2, 2021 6657 Views 0 comment Print

2nd respondent in not even adverting to the response given by petitioner to the Form GST MOV-07 in Form GST MOV – 09, and his deliberate intention to treat the validity of the expiry on the e-way bill as amounting to evasion of tax without any evidence of such evasion of tax by the petitioner.

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