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Telangana High Court

Stay rejection without considering contentions of petitioner is invalid

August 17, 2020 867 Views 0 comment Print

The issue under consideration is whether the Entertainment Tax will be levied on Master System Cable Operator?

Not allowing personal hearing to petitioner violates principles of natural justice

August 13, 2020 1875 Views 0 comment Print

CSK Realtors Limited Vs ACST (Telangana High Court) The court is of the opinion that the opinion that the 1st respondent ought to have provided a personal hearing to the petitioner, since the petitioner requested for it specifically in its objections dt.18.02.2020 filed by it to the show cause notice issued on 31.01.2020 to it […]

No presumption that delay in approaching Court is always deliberate

August 13, 2020 1500 Views 0 comment Print

Thunuguntia Jagan Mohan Rao Vs DCIT (Telangana High Court) The issue under consideration is whether rejection of application of condonation of delay by the ITAT is justified in law? High Court states that, it held that there is no presumption that delay in approaching the Court is always deliberate and the words ‘sufficient cause’ under […]

GST Refund cannot be withheld for ‘Want of Cross-Verification Details’

April 27, 2020 1770 Views 0 comment Print

In our opinion, this action of the respondents is also violative of Art.14,19,265 and 300-A of the Constitution of India. The respondents cannot be permitted to take advantage of their own negligence, assuming that the Demand drafts handed over by the petitioner, were not presented and encashed by the respondents.

HC allows SBI Bank to claim priority over I-T Refund credited to Defaulter company

April 21, 2020 2592 Views 0 comment Print

Claim of SBI on income tax refund credited in the the defaulters’ bank account with it would get priority over the government dues including the service tax dues as per section 31-B of the Recovery of Debts and Bankruptcy Act, 1993 and sec. 26E of the SARFAESI Act,2002 w.e.f.1.9.2016.

Order passed by ignoring Material Contention of Petitioner is Unsustainable

March 18, 2020 1962 Views 0 comment Print

The issue under consideration is whether without considering the reply submitted by the petitioner, the respondent has passed the order is justified in law?

Goods cannot be detained merely because driver has taken a different route

March 4, 2020 9753 Views 0 comment Print

Detention of goods on the ground that the vehicle took a different route or reached wrong destination- The High Court observed that allegation of ‘wrong destination’ or that the driver has taken a different route is not a ground to detain the vehicle carrying the goods or levy tax or penalty. It was held that the fact that the vehicle was found at another place does not automatically lead to any presumption that there was an intention of evasion of tax. The amount collected was directed to be refunded with interest @ 6%. 

Income tax returns are public documents & can be summoned by Court

February 14, 2020 19932 Views 0 comment Print

Income tax returns are public documents and they can be summoned by the Court. If same are produced before the Court , the same does not result in violation of Article 21 of Constitution of India, as they are Government documents and are accessible to others.

Refund service tax paid, which was not actually payable: HC

December 20, 2019 5160 Views 0 comment Print

Assessee was entitled to claim refund of service tax on composite contract of immovable property including value of land as merely because assessee made the payment, it would not partake the character of service tax and the department could not retain the amount paid by assessee which was in fact not payable by them.

Life tax payable on Invoice Value of Vehicle & not on ex Showroom price

September 25, 2019 5160 Views 0 comment Print

State cannot be allowed to levy life tax on the ex-showroom price shown in the price list, when it is not the actual cost of the vehicle and the life tax has to be levied on the actual cost of the vehicle as paid by the purchaser of the vehicle which can be reflected from the invoice.

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