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Uttarakhand High Court

Delay in filing revision cannot condoned for lack of Authorized Translator in Dept

June 12, 2018 1551 Views 0 comment Print

CIT Vs M/s T.V. Sundaram Ayangar & Sons (Uttarakhand High Court) It is stated that since there was no authorized translator in the Department as well as in the office of the Chief Standing Counsel, it took some time to translate the documents. Lastly, it is stated  that due to above mentioned reasons, delay has […]

S. 260A: Time limit to file appeal to HC begins from date of receipt of order by officer entitled to file appeal

May 17, 2018 17595 Views 0 comment Print

This appeal is filed against a common order of the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) relating to Assessment Years 1997-98 onwards, for a period of eight years, till 2004-05. On the filing of the Appeal, an objection was raised by the respondent/ assessee, represented by Mr. P.R. Mullick, Advocate, that the Appeal is filed beyond time.

HC reject application for condonation of delay of 1819 days as no Sufficient Cause existed

May 9, 2018 1557 Views 0 comment Print

Commissioner Tax Vs M/s Hanuman Industries Kichha (Uttarakhand High Court) There is delay of 1819 days’ in filing the Revision. It is stated that after receiving the copy of the judgment dated 29.01.2013, matter was discussed at various levels and the proposal was received by the Department on 01.05.2013. It is stated that Department instructed […]

Benefit of IDS, 2016 cannot be given to Person Prosecuted u/s 420

May 2, 2018 816 Views 0 comment Print

M/s Hillways Construction Company Private Limited Vs Income Tax Department and others (Uttarakhand High Court); Admittedly Section 420 of IPC is an offence which comes under Chapter XVII of the IPC. Income Declaration Scheme (IDS), 2016, of which the petitioner is seeking benefit, categorically stipulates that in case prosecution is going on against a person […]

Supply of tiles is job work if raw materials were supplied by contractee: HC

April 10, 2018 1377 Views 0 comment Print

The revisionist called in question the order dated 01.06.2009 passed by the Commercial Tax Tribunal, Uttarakhand, by which the Tribunal allowed the Appeal filed by the respondent assessee and set aside the order of the Appellate authority and also modified the order passed by the Assessing officer and set aside the tax imposed and declared the dealer (respondent)exempted from tax

Samosa is Cooked Food not Namkeen: Uttarakhand HC

March 9, 2018 5370 Views 0 comment Print

In this case, we are concerned with the question as to whether Samosa is to be treated as namkeen or cooked food and we are not asked to pronounce upon whether it is to be treated as unclassified items, the choice is narrowed down to whether it is to be treated as namkeen or as cooked food.

TDS on payment to Carrier under contracts for transporting petroleum products in business is deductible U/s. 194C and not U/s./ 194I

March 6, 2018 6138 Views 0 comment Print

Assessee is obliged to deduct tax on the payment made by it to the Carrier under the contracts for transporting the petroleum products in the business in which the respondent assessee is engaged. On the one hand, it is the case of the appellant Department that the case of the respondent assessee falls under Section 194-I of the Income Tax Act, 1961 . On the other hand, the case of the respondent assessee is that its case falls under Section 1 94C of the Act.

HC releases Vehicle seized due to Expiry of E-Way Bill

February 15, 2018 3876 Views 0 comment Print

Jaspreet Kalra Vs. Union of India (High Court of Uttarakhand) It is the contention of learned senior counsel that the vehicle of the petitioner has been seized by respondent no.3 thereby imposing a penalty of Rs.5,03,125/- equal to the IGST (the tax amount) on the technical ground that the validity of e-way bill had expired […]

Adjustment of refund with demand u/s 245 cannot be done without application of mind

October 12, 2015 2756 Views 0 comment Print

Uttarakhand High Court held In the case of CIT (TDS) & others vs. State Bank of India & others that every authority of discretionary power would be obliged to act, in the first place, being guided by relevant considerations and ignoring irrelevant considerations.

VAT not leviable on 40% of restaurant bill, which is subject to Service Tax

April 10, 2014 6375 Views 0 comment Print

Where the element of service has been declared and brought to tax vide notification dated 6 June 2012, by which Service tax is levied on 40% of the billed value in restaurant, no VAT can be imposed thereon on such amount. Copy of the decision is enclosed herewith.

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