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Judiciary

HC quashes section 148 notice issued in the name of non-existing company

April 20, 2023 1647 Views 0 comment Print

Section 148 notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company

HC restores GST registration & directs petitioner to pay GST dues

April 20, 2023 594 Views 0 comment Print

CGST authority concerned to restore the petitioner’s registration and open the portal for  a period of 15 days from date to enable the petitioner to make the payment of revenue due if any by the respondent authority concerned within 31st March, 2023.

Writ jurisdiction cannot be invoked if petitioner failed to prefer statutory remedies available

April 20, 2023 462 Views 0 comment Print

Sabu Puthen Veedu Vs Assistant Commissioner of State Tax (Kerala High Court) The petitioner has approached this Court seeking to quash Ext.P2 order based on Ext.P1. Ext.P2 is the demand raised. The order is dated 20.12.2021. The petitioner has not chosen to exhaust the statutory remedies available against Ext.P2 and after waiting for more than […]

Demand of tax on Motor Vehicle already Sold: Consider Objection – HC directs

April 20, 2023 813 Views 0 comment Print

Thankamma Vs Taxation Officer (Kerala High Court) The petitioner, was the registered owner of a heavy goods vehicle bearing Registration No.KL-19-7599. The petitioner had sold the said vehicle, on 01.07.2019, to one Mr. Noushad K.H. The vehicle was sold for the purpose of scrapping the same, but, later the petitioner was served with Ext.P1 demand […]

Section 270A penalty cannot be levied if disallowance made on estimated basis

April 20, 2023 12282 Views 0 comment Print

Pallava Textiles Private Limited Vs ITO (ITAT  Chennai) In this case, the Assessing Officer has initiated penalty proceedings under section 270A of the Act for under-reported income. The Assessing Officer issued show-cause notice under section 274 r.w.s. 270A of the Act calling explanations from the assessee as to why penalty cannot be levied for under-reporting […]

Pass reasoned and speaking after giving an opportunity of hearing: HC

April 20, 2023 459 Views 0 comment Print

Dispose of representation of petitioner in accordance with law and by passing a reasoned and speaking after giving opportunity of hearing.

No Opportunity for Cross Examination: ITAT deletes Addition

April 20, 2023 1350 Views 0 comment Print

Addition made on the basis of information and material collected on the back of the assessee cannot be tackled as valid basis for making addition

GST Officer cannot direct customers of assessee to stop further payments u/s 70

April 20, 2023 1587 Views 0 comment Print

Section 70 (1) of GST act only says that the proper officer shall have the power to summon any person whose attendance is considered necessary either to give evidence or to produce a document or any other thing in the enquiry and nothing more.

Transfer of Income Tax File: Provide Opportunity of Personal Hearing- HC

April 20, 2023 759 Views 0 comment Print

Provide relevant documents indicating basis for order of transfer of petitioner’s file and provide opportunity to file further objection : HC

HC dismisses Writ Petition against Section 148A notice as final order already been passed

April 20, 2023 1473 Views 0 comment Print

This is not a case where the petitioner has approached this writ court immediately after getting notice under Section 148A(b) of the Act or after passing the order under Section 148A(d) of the Act

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