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Judiciary

Transfer of Income Tax cases – HC denies anticipatory Bail in corruption case

April 15, 2023 810 Views 0 comment Print

The main plea of the petitioners is that the anticipatory bail of these petitioners stand on a better footing than that of two co-accused who have been admitted on interim bail by the Hon’ble Supreme Court who were the Chartered Accountants and against whom there is direct allegation of paying illegal gratification to the principal accused and they were instrumental in getting the accounts of different Income Tax assessees transferred from Kolkata to Ranchi.

Lease rental from associated enterprises is not royalty – India-USA DTAA

April 15, 2023 1215 Views 0 comment Print

ITAT held that lease rental received by assessee on leasing of alloys cannot be treated as royalty in terms of India-USA DTAA & provisions of section 9(1)(vi)

No service tax on services of Treating Effluents Discharged from Member Units

April 15, 2023 768 Views 0 comment Print

CESTAT held that activity of treatment of effluent water is exempt from Service Tax under Notification No. 08/2017-S.T. dated 20.02.2017

Revisional Jurisdiction not Invokable If AO took one of Possible Views

April 15, 2023 513 Views 0 comment Print

Assessment order cannot be termed as erroneous and prejudicial to interests of revenue if AO has taken one of possible views of matter.

GST Section 112(8): Interest Component should be part of remaining tax? HC to decide

April 15, 2023 2718 Views 0 comment Print

Appellant submitted that interest on disputed tax does not come within expression remaining tax for Section 112(8) of CGST Act, 2017

Section 263 cannot be invoked on issue on which AO passed order after considering detailed reply of Assessee

April 15, 2023 606 Views 0 comment Print

PCIT Vs Karan Polymers Pvt. Ltd (Calcutta High Court) Short issue involved in the instant case is whether assumption of jurisdiction by PCIT under Section 263 of the Act was justified. The learned Tribunal noted that the issue based on which the PCIT assumed jurisdiction under Section 263 of the Act was the very same […]

Delhi High Court sets aside GST Cancellation order passed in violation of Natural Justice

April 15, 2023 843 Views 0 comment Print

Order cancelling petitioner’s GST registration passed in violation of principles of natural justice, is liable to be set aside.

Customs Act: Penalty cannot be imposed on mere Contradictory Statements

April 15, 2023 711 Views 0 comment Print

Sunil Garg Vs C.C. (CESTAT Ahmedabad) Appeal is filed against penalty imposed by the Adjudicating Authority under section 112(a) and 114AA of the Customs Act, 1962. Learned counsel appearing on behalf of the appellant submits that there is contradiction in the statement of the appellant as well as the third party. Therefore, these statements cannot […]

Rejection of Claim under J&K Budgetary Support Scheme – HC directs reconsideration

April 15, 2023 963 Views 0 comment Print

Coromandel International Ltd Vs Union of India and others (Jammu and Kashmir High Court) It is submitted that petitioner, applied for reimbursement by way of Budgetary support for the period, January 2020 to March 2020 and April 2020 to June 2020 before Central Tax Authorities. The Adjudicating Authority illegally and arbitrarily rejected the reimbursement under […]

Non-Constitution of GST Tribunal- HC allows Writ Petition

April 15, 2023 2454 Views 0 comment Print

HC held that, in case of non constitution of GST Appellate Tribunal, petitioner can file a Writ Petition before High Court.

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