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Judiciary

Penalty u/s 271(1)(b) not imposable as reasonable cause shown

May 31, 2023 1713 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(b) of the Income Tax Act not imposable as reasonable cause shown for non-furnishing of consent form sought by AO.

Packing Machines (Capacity Determination and Collection of Duty) Second Amendment Rules, 2008 applies to search conducted after 20.10.2008

May 31, 2023 405 Views 0 comment Print

Delhi High Court held that the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Second Amendment Rules, 2008 coming into force from 20.10.2008 hence the amendments are not applicable to search conducted prior to effective date.

NCLT Orders Forensic Audit on Assets of Corporate Debtor

May 31, 2023 12876 Views 0 comment Print

NCLT Indore directed appointment of a forensic auditor to conduct audit on irregularities related to assets of corporate debtor in case of Motel Rahans Pvt Ltd Vs JSM Devcons Pvt Ltd.

Constitutional Writ Jurisdiction cannot act as AO & scrutinize facts/evidence: HC

May 31, 2023 984 Views 0 comment Print

Constitutional Writ Jurisdiction of HC cannot act as an assessing officer and scrutinize facts/evidence & substitute the same with its own

PML Act: Section 24 Presumption can be Rebutted only at Trial Stage

May 31, 2023 966 Views 0 comment Print

Jharkhand High Court ruled that presumption under Section 24 of Prevention of Money Laundering Act can only be rebutted during trial stage

In absence of Section 148 notice Section 245C(1) settlement application was invalid

May 31, 2023 867 Views 0 comment Print

In the case being analyzed, the Delhi High Court referred to Explanation (i) to Clause (b) of Section 245A to determine whether the proceedings for assessment or reassessment had commenced for the assessment years 2012-13, 2013-14, and 2014-15. The court concluded that based on a plain reading of the explanation, no such proceedings had commenced during those years. As a result, the court upheld the decision of the Income Tax Settlement Commission to deem the petitioner’s application under Section 245C(1) invalid for those assessment years.

Jharkhand HC Allows Revocation of Cancelled GST Registration by June 30, 2023

May 31, 2023 2664 Views 0 comment Print

Jharkhand HC held that cancelled GST registration can be revoked until June 30, 2023, as per the notification issued by CBIC.

Guwahati HC Sets aside Order Rejecting Zimma of Seized Areca Nuts

May 31, 2023 1659 Views 0 comment Print

Guwahati High Court reverses rejection of zimma for seized areca nuts in Anowar Hussain’s case. Petitioner allowed to file a new petition with strict conditions.

Calcutta HC Sets Aside Assessment Order due to Violation of Natural Justice

May 31, 2023 1338 Views 0 comment Print

Calcutta High Court has overturned the order passed under Section 148A(d) of Income Tax Act and restored the matter to the stage of 148A(b).

UPGST: Allahabad HC Upholds Penalty based on Corroborative Evidence

May 31, 2023 612 Views 0 comment Print

Allahabad High Court has upheld the tax penalty imposed on Jalsa Resorts under Section 74 of the Uttar Pradesh Goods and Service Tax Act (UPGST Act). The court found corroborative evidence supporting the imposition of the penalty.

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