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Judiciary

Execution of Subsisting Government Contracts Awarded in pre or post GST Regime without updating Rate: HC directs to File representation before Additional Chief Secretary

April 21, 2023 267 Views 0 comment Print

Classic Vs State of West Bengal (Calcutta High Court) This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule […]

Order passed without giving opportunity to petitioner is remanded back to AO by HC

April 21, 2023 345 Views 0 comment Print

order has been passed without any giving opportunity to the petitioner to produce the relevant documents which were in his custody, is being set aside and the matter is being remanded back to the Assessing Officer to pass a fresh order after giving one opportunity to petitioner

Section 271(1)(c) Penalty cannot be levied without issuing proper SCN

April 21, 2023 2994 Views 0 comment Print

If initiation of penalty is one limb & levy of penalty is on other limb, then in absence of proper SCN, there is no merit in levy of penalty

GST: HC directs release of vehicle on furnishing bank guarantee for Penalty

April 21, 2023 1263 Views 0 comment Print

GST -Petitioner undertakes that it shall furnish bank guarantee of amount equal to penalty, so that authority can release vehicle.

Job Termination due to Misconduct – Section 10(12) exemption not alllowed

April 21, 2023 1032 Views 0 comment Print

Vineet Sethi Vs ITO (ITAT Bangalore) The assessee has been terminated vide letter issued by TBM Consultants India Pvt. Ltd. dated 23.2.2016 due to misconduct of the assessee, wherein it was alleged that assessee has been indulging in activities, which are prejudicial to the interest of the employer company and assessee was promoting and carrying […]

Technical glitches on Portal- CBDT should extend due to file returns/tax audit reports

April 21, 2023 16560 Views 1 comment Print

All Odisha Tax Advocates Association Vs Union of India (Orissa High Court) HC held that Considering that the Department has itself acknowledge that there have been technical glitches which have prevented many Assesses from filing their returns and tax audit reports within time, and taking a cue from the aforementioned judgment of the Gujarat High […]

Non-Constitution of GSTAT: HC stays Demand subject to payment of 20%

April 21, 2023 570 Views 0 comment Print

Arati Construction Vs Joint Commissioner of State Tax (Appeal) (Orissa High Court) In the event the petitioner wants to avail the remedy by preferring appeal before the 2nd appellate tribunal then the petitioner is liable to pay 20% balance disputed tax for consideration of its appeal by the 2nd GST appellate tribunal GSTAT). Since the […]

Non compliance of E-notices due to closure of Companies operations is reasonable cause

April 21, 2023 459 Views 0 comment Print

The assessee however submitted that its operations were closed and being no regular employee looking after the matter, the notices issued by the Learned CIT(A) could not be complied.

Interest/Salary received by Partner from partnership Firm Assessable as Business Income

April 21, 2023 11316 Views 0 comment Print

ITAT held that as per specific provision of Section 28(v) of the Income Tax any interest, salary etc. earned by a partner from a partnership firm is taxable under the head profit and gains of business or profession and there is no question of categorizing it under the head income from other sources.

Final Assessment Order passed beyond limitation Period is Null & Void

April 21, 2023 1731 Views 0 comment Print

Final order passed by AO is beyond limitation period provided u/s 144C of Income Tax Act, hence, same is liable to be declared as null & void

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