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Assessee bank received interest on deposits. It was assessed as 'income from other sources'. On Ref. HC held interest from investments was no part of Bank's business profits exempt from taxation. On appeal SC held, Under bye-laws, object of bank, to…
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Rs.10,25,000 seized form premise of assessee. Proceeding u/s 132A (of Income Tax Act, 1961) were initiated against him & notice u/s 158BC (of Income Tax Act, 1961) was served. Assessee declared total undisclosed income as nil. After notice AO made a…
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Observed that tax effect involved in appeal by Revenue is below `10 lakhs. CBDT in its Circular No.21/2015 dated 10th Dec, 2015 has revised monetary limit for filing of dept appeals to ITAT at `10 lakhs which is evident from para 3 of Circular, whic…
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The legal order pertains to a case involving the GOVT. CHANDRA VIJAY COLLEGE and the Office of the Income Tax Officer in Madhya Pradesh. The court reserved the order on 21.06.2022 and passed it on 29.08.2022. The case involved the imposition of a pe…
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The High Court of Delhi dismissed the appeal in ITA 519/2022, where the Principal Commissioner of Income Tax -12 was the appellant and Smt. Bindu Garg was the respondent. The case involved an alleged long-term capital gain from the sale of shares, w…
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The appellant, Revenue, has expressed dissatisfaction with a modification order passed by the High Court of Gujarat in 2020, which dismissed their previous appeal. Despite no formal representation for the respondent, an office report confirms the se…
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This case involves a petition filed under Section 482 of the Criminal Procedure Code (CrPC) seeking to quash the condition imposed by the Additional Sessions Judge, Panipat, while granting bail to the petitioner. The condition required the petitione…
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This is a criminal case where Kishore Singh applied for anticipatory bail (pre-arrest bail) in connection with Crime No. 188/2020. He was accused of firing a gun shot at the complainant, assaulting two other persons with an axe, and damaging propert…
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This case involves a dispute between an assessee (petitioner) and the Goods and Services Tax (GST) authorities regarding the seizure of goods and a vehicle due to hand-written vehicle numbers on E-Way Bills. The Allahabad High Court ruled in favor o…
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The petitioner company challenged the seizure of its goods and vehicle, along with the imposition of a penalty, by tax authorities for not carrying an e-way bill during an inter-state movement of goods. The court found that the e-way bill system had…
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In this case, the petitioner challenged an order passed under Section 129(3) of the UP GST Act and CGST Act, 2017, and Section 20 of the IGST Act, 2017. The High Court disposed of the petition, directing the petitioner to avail the remedy of filing …
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The Supreme Court allowed the appeals filed by the Commissioner of Income Tax against the Gauhati High Court's judgments. The High Court had held that the retrospective amendment to Section 143(1A) (of Income Tax Act, 1961), 1961, which imposed addi…
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This case involves a dispute between the Commissioner of Income Tax and Goel Jewellers regarding the calculation of deduction under Section 80HHC (of Income Tax Act, 1961) for surrendered income. The court ruled in favor of the Revenue, rejecting the assessee's claim for including surrendered income in export profit calculations.
Where someone (let's call them the petitioner) is challenging a tax-related notice. The court basically said, "Hold up, you didn't follow the proper procedure, but we'll give you another shot." They quashed the original order and told the petitioner to file their objections properly this time.
A business called M/s SK Impex made a mistake while filing their GST transition form (GST TRAN-1) and accidentally entered “Nil” instead of ₹16,61,040 as their eligible Input Tax Credit (ITC). They went to the Gujarat High Court asking for permission to correct this error. The court didn’t rule on the merits of the case but instead told the tax authorities — who had been ignoring the petitioner’s communications for over a year — to respond within f…
M/s Obelisk Composite Technology LLP, a business based in Jodhpur, which was trying to claim its transitional tax credit (CENVAT credit) under the new GST regime by filing Form GST TRANS-1. The company couldn’t file the form in time and approached the Rajasthan High Court. The court didn’t strike down the rules but gave the petitioner a practical way forward — by allowing them to apply through the GST Council for a recommendation to the Commissione…
A business called M/s Desire Lifestyle went to the Rajasthan High Court because they couldn’t file their GST TRAN-1 form — a critical form used to claim transitional input tax credit when GST was introduced. The problem? A technical glitch on the GST portal stopped them from uploading the form before the deadline of 27th December 2017. The court stepped in and gave them a chance to file the form, provided they could prove the technical failure was …
M/S SK Green Home Appliances Pvt. Ltd. (the petitioner/company) going up against the Union of India (the respondent) in the Gujarat High Court. The company made a mistake when filing its GST transitional credit forms — its accountant filed GST TRAN-02 instead of GST TRAN-01, which meant the company only claimed 60% of the credit it was actually entitled to. The company wanted the court to allow it to either revise the form electronically or manuall…
Goods & Services Tax,Feb. 17, 2021
Colgate Palmolive India Ltd. (a well-known consumer goods company) versus the State of Gujarat. The company’s truck carrying raw material (dental cream flavor) from its Goa unit to its factory in Ahmedabad was intercepted and detained by tax authorities because the E-way bill mentioned the wrong delivery address (Vadodara warehouse instead of Ahmedabad factory). The Gujarat High Court stepped in and ordered the release of the goods and truck, subje…
GST Registration Cancelled for Circular Trading — High Court Dismisses Writ, Directs Appeal
M/S M.S. Retail Private Limited, a Bangalore-based company trading in bath fittings and sanitary ware, versus the Union of India and various tax authorities. The company’s GST registration was cancelled after authorities alleged it was involved in “circular trading” — essentially issuing invoices without actual supply of goods. The company challenged the cancellation through a writ petition before the Karnataka High Court. The Court dismissed the w…
A transport company had its vehicle and goods seized by GST authorities because the driver couldn’t produce a valid E-way bill during transit. The authorities slapped a tax and penalty demand of ₹2,02,974/-. The company rushed to the Gujarat High Court challenging this order. However, the High Court essentially said, “Hey, you have a proper appeal mechanism available under the law — use that first!” and sent them back to pursue the statutory remedy.
Goods & Services Tax,Feb. 17, 2021
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