high court judgments

Tax Audit Due date extension: Status of Writ filed in various High Courts (Updated on 31.10.2018)

Income Tax - Here we have compiled Status of Writ Filed in Various High Court for Extension of Tax Audit Due Date. As per our knowledge 12 writ petition been filed with various High Courts out of which Six Writ petition been already disposed off, Five are pending and status of one is not known to us. 1. […]...

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An Open Letter to CBDT Chairman for TAR Extension

Income Tax - In the year 2018, You have already extended the date for filing Income Tax Returns by those assessees whose accounts are not required to be audited for a month without levy of any interest and also extended the submission of Tax Audit Reports by 15 days i.e up to 15th October 2018....

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Can Delhi HC decision block migration of KKC?

Income Tax - Can Delhi High Court decision in the case of 'Cellular operators association of India Vs. UOI' block migration of KKC? Revenue authorities are issuing show cause notice to the registered taxable persons who had migrated accumulated credit of Krishi Kalayan Cess (herein after referred as KKC) from erstwhile tax regime to new tax regime vid...

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PIL challenging vires of AAR & AAAR under GST filed before Rajasthan High Court

Income Tax - PIL filed before Rajasthan High court challenging GST Act provision of constitution of Authority for Advance Ruling and Appellate Authority for Advance Ruling admitted...

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No tax liability still TDS mandatory?

Income Tax - Academy of Medical Sciences Vs. CIT (Kerala High Court) Background Chapter XVII-B of the Income Tax Act, 1961 deals with deduction and collection of tax at source [with-holding tax].  This chapter is sub survient to section 4 i.e. charging section of the Act. Section 40(a)(ia) deals with dis-allowance of a portion of expenditure[ which i...

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Enable Replacing Authorised Digital Signature of Deceased Director in GSTN Portal: Petition file in HC

Income Tax - M/s SRKM Steel Pvt. Ltd. Vs The State of Assam (Gauhati High Court) A petition has been filedon the ground of technical glitch in the Goods and Services Tax Network (GSTN) wherein the petitioner, M/s SRKM Steel Pvt. Ltd, was unable to replace Authorised Digital Signature of the Deceased Director with the Digital Signature of […]...

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Petition filed in Bombay HC for alleged Tampering of TRAN-1 Status

Income Tax - It is alleged by petitioner that despite the Petitioner having filed the TRAN-1 form on 24.11.2017 and the status after filing being FILED on GSTN Portal, the status of the form online was tampered on the GST portal from FILED to SUBMITTED at the end of GSTN which is an unauthorized, illegal, malafide and criminal act by a Private Limited...

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Guidelines for accreditation of media personnel reporting: Delhi HC invite suggestions

Income Tax - The Delhi High Court has constituted a committee under the Chairpersonship of Justice (Retd.) Ruma Pal on the subject 'Media reporting in courts —balancing free press, fair trial and integrity of judicial proceedings.'...

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Bombay HC bans mobile, cameras etc. inside Court Halls

Income Tax - All the parties/litigants and public at large are hereby informed that they shall not take mobile phones, cameras or audio/video recording devices and shall not record anything using them inside the Court Halls....

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HC bans adjournments for non-availability of papers or Counsel

Income Tax - Bombay High court in a notice informed that No adjournments will be granted on the ground that papers or counsel duly instructed are not available....

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Non-disposal of Section 12AA application within six months not results in deemed grant of registration

CIT Vs Awadh Bihari Ram Lok Vikas Sansthan (Allahabad High Court- Lucknow Bench) - Non-disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12AA(2) would not result in deemed grant of registration,...

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Jurisdiction to commence proceedings against director for recovery of tax dues of delinquent company

Jaison S. Panakkal Vs Pr. CIT (Bombay High Court) - Jurisdiction to commence proceedings against the director of a delinquent company for recovery of tax dues of delinquent company would require the notice to director/former directors, itself indicating what steps had been taken to recover the dues from delinquent company and failure thereof....

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Liability to pay GST: HC ask parties to avail alternate remedy of Arbitration available as per agreement

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam (Allahabad High Court) - Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam  (Allahabad High Court) The petitioner is a contractor who has been granted a contract for construction of 100 Boys’ Hostel GIC, Pratapgarh by the Construction and Design Services U.P. Jal Nigam, respondent no.4...

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Merely because AO did not raise specific queries & is silent in assessment order does not mean there is no application of mind

State Bank Of India Vs ACIT (Bombay High Court) - State Bank Of India Vs ACIT (Bombay High Court) It is submitted that in this case, the Assessing Officer while passing the regular assessment orders had overlooked and/or ignored this particular claim. It is submitted that it is not a case of change of opinion as neither the assessment order referre...

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GST cannot be Deducted from Salary of Employees employed through UPNL

Kundan Singh Vs State & others (Uttarakhand High Court) - 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 ...

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Tax Audit Due Date: CBDT rejects request for Further extension

F.No. 225/358/2018/ITA.II - (25/10/2018) - As concerns of the assessees have been suitably redressed with extension of due date by one month (i.e. till 31.10.18), representation of the Tax Bar Association, Guwahati dated 20.09.18, requesting for further extension of due date for filing ITR/TAR beyond 31.10.18 is hereby rejected....

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CBDT extends Tax Audit Due Date to 31st Oct, 2018

F.No. 225/358/2018/ITA.II - (08/10/2018) - CBDT further extends due date for filing of Income Tax Returns & Tax audit reports from 15th Oct,2018 to 31st Oct, 2018 for all assessees liable to file ITRs for AY 2018-19 by 30.09.2018, after considering representations from stakeholders. Liability to pay interest u/s 234A of IT Act will remai...

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Lawyers & Litigants-In-Person to get info of Defects in Cases via Email

No. 460/IT/DHC - (04/08/2017) - Henceforth the lawyers and litigants-in-person shall also be provided with the details of defects of their filed cases via e-mail in addition to the SMS alert already being received about the defects....

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P&H HC directs subordinate courts to record Aadhaar No. of Parties

No. 1588 1588/Spl. C.B.2 - (17/07/2017) - Directions be issued to all the District And Sessions Judges In the States of Punjab, Haryana and U.T. Chandigarh for directing the officials concerned to start capturing/ entering the Aadhar Number of the parties while entering the cases in CIS 2.0. The members of the Bar may be requested to provid...

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Don’t rely merely on Head Notes / Placitum of Law Journals: HC

MEMO No. 649/2017 - (27/04/2017) - During the assessment of judgments of Judicial Officers, it is noticed that many Judicial Officers have reproduced the Head Note/Placitum from the relevant Journals relating to High Court/ Supreme Court judgments. Needless to mention that the Head Note is a creation of the Edition Board. ...

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Recent Posts in "high court judgments"

Non-disposal of Section 12AA application within six months not results in deemed grant of registration

CIT Vs Awadh Bihari Ram Lok Vikas Sansthan (Allahabad High Court- Lucknow Bench)

Non-disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12AA(2) would not result in deemed grant of registration,...

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Jurisdiction to commence proceedings against director for recovery of tax dues of delinquent company

Jaison S. Panakkal Vs Pr. CIT (Bombay High Court)

Jurisdiction to commence proceedings against the director of a delinquent company for recovery of tax dues of delinquent company would require the notice to director/former directors, itself indicating what steps had been taken to recover the dues from delinquent company and failure thereof....

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Liability to pay GST: HC ask parties to avail alternate remedy of Arbitration available as per agreement

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam (Allahabad High Court)

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam  (Allahabad High Court) The petitioner is a contractor who has been granted a contract for construction of 100 Boys’ Hostel GIC, Pratapgarh by the Construction and Design Services U.P. Jal Nigam, respondent no.4. The parties have entered into an agree...

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Merely because AO did not raise specific queries & is silent in assessment order does not mean there is no application of mind

State Bank Of India Vs ACIT (Bombay High Court)

State Bank Of India Vs ACIT (Bombay High Court) It is submitted that in this case, the Assessing Officer while passing the regular assessment orders had overlooked and/or ignored this particular claim. It is submitted that it is not a case of change of opinion as neither the assessment order referred to allowing of this […]...

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GST cannot be Deducted from Salary of Employees employed through UPNL

Kundan Singh Vs State & others (Uttarakhand High Court)

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 […]...

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GST paid under one Head can be adjusted under another head: HC

Saji S. Vs. Commissioner, State GST Department (Kerala High Court at Ernakulam)

Saji S. Vs. Commissioner, State GST Department (Kerala High Court at Ernakulam) The petitioner, who is the consignee and transporter, insists that the consignor paid the tax and penalty under that only based on the ASTO’s directions. But the fact remains that the remittance must have been under the head ‘IGST’. So the au...

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Release Goods detained pending adjudication on compliance of GST Rules: HC

Rajan Joseph Vs. Assistant State Tax Officer, Kollam (High Court of Kerala at Ernakulam)

Proper officer was directed to duly complete the pending adjudication provided under section 129 of Kerala GST Act, 2017 and was also directed that if assessee had complied with rule 140(1) of the Kerala GST Rules, 2017, the goods detained shall be released to it....

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Reassessment for non-examination of one aspect of deduction during Original Assessment is invalid

Hitech Outsourcing Services Vs CIT (Gujarat High Court)

Hitech Outsourcing Services Vs CIT (Gujarat High Court) We have noticed that the Assessing Officer in teh original assessment proceedings had examined the assessee’s claim of deduction under section 10B of the Act. It is not as if such claim went unnoticed or unscrutinized. He wanted to be specific about the assessee’s claim f...

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Goods seized as were not accompanied by E-way bill; HC allows release on furnishing security

Abhay Traders Vs. State of U.P. & Ors (Allahabad High Court)

Abhay Traders Vs. State of U.P. & Ors (Allahabad High Court) The goods of the petitioner in transportation along with the vehicle was seized under section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017 on 2-6-2018 for the reason that they were not accompanied by the E-way bill. The submission of learned […]...

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Levy under Rajasthan APMC Act not abolished after GST rollout: High court

Imarti Lakdi Vyapari Sansthan Vs State Of Rajasthan & Anr. (Rajasthan High Court – Jodhpur)

Imarti Lakdi Vyapari Sansthan, Jodhpur Vs State Of Rajasthan (Rajasthan High Court – Jodhpur) Rajasthan High Court has held that the levy under section 17 of the Rajasthan Agriculture Produce Marketing Act, 1961 is a ‘ Fee ’ and not a cess and therefore, the same is not abolished after the rollout of GST. The […]...

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