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Uttarakhand High Court

Uttarakhand HC directs CBDT to consider representation on due date extension

January 15, 2021 24609 Views 6 comments Print

The Dehradun Chartered Accountants Society Vs. Union of India (High Court of Uttarakhand at Nainital) High Court held that Admittedly, the country continues to suffer and to reel under the COVID-19 pandemic. A large number of assesses still find it difficult to even meet their Chartered Accountants and to file their Income Tax Audit Reports […]

Service Tax will not form part of aggregate amount for section 44BB

August 10, 2020 1098 Views 0 comment Print

The issue under consideration is whether amount of service tax being statutory levy, received by assessee from its customers was to be included in calculating the aggregate amount referred to in sub-section (2) of Section 44BB of the Act?

Child Care Leave is a matter of rights of child- Uttarakhand HC

July 24, 2020 11112 Views 0 comment Print

A full bench of Uttarakhand High Court has upheld the rights of a person working on a contractual basis to have the right of getting child care leave as same as any other regular Government employee.  It was agreed that the child care leave is primarily for the benefit and a matter of right of the child, as a child whose mother happens to be employed on a contractual basis with the Government will have similar needs as any other child.

Uttarakhand HC issues ruling on Sexual Harassment of Women at Workplace

June 15, 2020 3879 Views 0 comment Print

Bhuwan Chandra Pandey vs Union Of India And Others (Uttarakhand High Court) More than two decades have elapsed since the Supreme Court passed a landmark judgment in case of Vishakha vs. State of Rajasthan AIR 1997 SC 301, and formulate the famous ‘Vishakha guidelines‘, which inter alia providing guidance for the resolution of complaints through internal […]

Good seized due to expiry of e-way bill cannot be released on indemnity bond

October 18, 2019 1710 Views 0 comment Print

M/s Livguard Energy Technologies (P) Ltd Vs State of Uttarakhand (Uttarakhand High Court) Uttarakhand High Court has declined to accede to petitioner’s request for release of vehicle and goods seized on merely furnishing an indemnity bond. It observed that it would be inappropriate to issue a direction contrary to provisions of Section 129 of the […]

Sec. 44BB Service tax Reimbursement not forms part of aggregate amount

April 12, 2019 1941 Views 0 comment Print

The amount reimbursed to the assessee (service provider) by the ONGC (service recipient), representing the service tax paid earlier by the assessee to the Government of India, would not form part of the aggregate amount referred to in clauses (a) and (b) of sub-section(2) of Section 44BB of the Act.

GST cannot be Deducted from Salary of Employees employed through UPNL

November 12, 2018 5433 Views 0 comment Print

Kundan Singh Vs State & others (Uttarakhand High Court) Salary is the property within the meaning of Article 300-A of the Constitution of India. No GST or Service Tax can be deducted from the salary of the petitioners without any authority of law. It is reiterated that the Principal Employer is the State Government. The […]

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

June 12, 2018 1377 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 15606 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 1404 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 […]

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