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Judiciary

HC dismisses Writ against SCN which was based on GST Audit observation

May 14, 2023 15702 Views 0 comment Print

Petitioner challenged SCN based on GST audit report contending that certain observations made in audit report to which petitioner is not liable to pay

HC directs AO to allow Cross Examination of witness without interfering or restricting

May 14, 2023 2454 Views 0 comment Print

HC directs AO to provide effective cross-examination opportunity in accordance with provisions of Indian Evidence Act, 1872 and permit petitioner to cross- examine without in any manner interfering or restricting.

Seizure of goods & vehicle for Expiry of E-Way bill- HC directs Disposal of Appeal

May 14, 2023 6597 Views 0 comment Print

Since the E-way bill had expired an order of detention in Form GST MOV-06 and a notice in Form GST MOV-07 were issued wherein the petitioner company was directed to show cause as to why the proposed tax and penalty to the tune of Rs. 19,61,100/- be not imposed.

Delhi HC Frowns on Use of Disconcerting Language by PMLA Adjudication Authorities

May 14, 2023 1266 Views 0 comment Print

Kankipati Rajesh vs Adjudicating Authority (Delhi High Court) Delhi High court Frowns on Use of Disconcerting Language in Legal Proceedings by PMLA Adjudication Authorities Recently, the High Court of Delhi issued an order dated 21.04.2023 in the case of W.P.(C) 3109/2023 & CM APPL. 12095/2023, 19827/2023, highlighting the importance of using standard formats and principles […]

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

May 13, 2023 1536 Views 0 comment Print

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period.

Dept not permitted to file Revision Application under Section 35EE of Central Excise Act

May 13, 2023 816 Views 0 comment Print

Commissioner of Service Tax Vs Mail Order Solutions (I) Ltd (CESTAT Mumbai) The provisions regarding filing of appeals before the Tribunal are governed under the provisions of Section 86 of the Finance Act, 1994. Sub-section (1) ibid provides for filing of the appeal by an assessee before the Tribunal. The first proviso appended to sub-section […]

HC uphold cancellation of Customs Duty Exemption Certificate (CDEC) granted to Apollo Hospitals

May 13, 2023 1041 Views 0 comment Print

Madras High Court considers withdrawal of customs duty exemption for Apollo Hospitals’ imported medical equipment. Analysis of compliance with Notification No.64/88.

Karnataka High Court quashes Rs 21,000 crore SCN to Gameskraft Ltd

May 13, 2023 13296 Views 0 comment Print

Gameskraft Technologies Private Limited Vs Directorate General of Goods Services Tax Intelligence (Karnataka High Court) HC held that There is a distinct difference between games of skill and games of chance; games such as rummy, etc. as was discussed in several decisions above and particularized in the Division Bench decision of this Court in All India […]

Section 112(1)(c)(iii) overrides General Capital Gain computation Provisions for non-residents

May 13, 2023 16344 Views 0 comment Print

Legatum Ventures Limited Vs ACIT (ITAT Mumbai) ITAT held that capital gains arising on the sale of unlisted shares by a non-resident has to be computed only by reference to the provisions of Section 112(1)(c)(iii) of the Income Tax Act, 1961 without cognizance to the provisions under Section 48 of the Act. From the perusal […]

No section 271(1)(c) penalty if Notice not contains Specific Charge

May 13, 2023 1272 Views 0 comment Print

M.A. Projects Private Limited Vs ACIT (ITAT Delhi) ITAT  note that the notice is an omnibus notice without specifying the specific charge upon the assessee and in such circumstances, Higher Courts have held that penalty levied is not sustainable. In this regard, we refer to Hon’ble Bombay High Court (Full Bench at Goa) in the […]

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