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Held DCIT while passing the impugned order has not dealt with such aspect and has rejected the application on its merits. In the present proceedings, wherein the Assessee has sought for setting aside of the impugned order, submission is made by t…
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Jitender Kumar, Adv. for the Petitioner. Sanjay Kumar, Easha Kadian, Adv. for the Respondent.
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Held Both ITAT as well as the CIT(A) have placed reliance on and upheld the adoption of the Accounting Standard AS-7 by the assessee for determination of its revenue. Appellant does not deny that incase the case of the Revenue is to be accepted, …
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Yuvraj Singh with Chetan Kumar Shukla, Advocates for the Petitioner. Zoheb Hossain for the Revenue.
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Held ITAT in its impugned order has concluded that there was no corroborative evidence or statement to prove that the payment had been received by the assessee other than cheque amount as entered in the sale agreement. The Tribunal had observed t…
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Held Assessee prior to the filing of the present writ petition had made a request to Revenue vide application requesting thereby to Revenue to grant refund of income tax due for the assessment years 1996-97 to 2016-17. However, the said applicati…
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Kavita Jha, Advocate for the Petitioner. Shailendra Singh, Advocate for the Respondent.
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Held In order to qualify as royalty payment, it is necessary to establish that there is transfer of all or any rights (including the granting of any licence) in respect of copyright of a literary, artistic or scientific work. In order to treat th…
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This case involves V. Maiyappan (the petitioner/accused) seeking to quash criminal proceedings against him in a case of alleged cheating and conspiracy related to the misappropriation of company funds. The Madurai Bench of the Madras High Court decl…
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This case involves M/S. MAA VINDHYAVASINI TOBACCO (P.) LTD. challenging the seizure of their goods by the State of U.P. The court ruled in favor of the petitioner, ordering the release of the seized goods upon furnishing security. The court found on…
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This case involves a petition filed as a Public Interest Litigation (PIL) by a practicing advocate. The petitioner challenged the grant of bail to a co-accused in a criminal case related to GST fraud. The court dismissed the petition, stating it did…
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In a case involving M/S. JAI BABA AMARNATH INDUSTRIES vs. STATE OF U.P. AND 3 OTHERS, the Allahabad High Court directed the revenue authorities to file an affidavit detailing the steps taken for the constitution of the Goods and Services Tax Appella…
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In the case of Concentrix Services Netherlands B.V. & Anr. vs. Income Tax Officer (TDS) & Anr., the court addressed a dispute over the withholding tax rate on dividends paid from Indian companies to Dutch companies. The main issue was whether the tax rate could be reduced to 5% based on a double taxation avoidance agreement (DTAA) between India and the Netherlands. The court ultimately decided that the withholding tax should indeed be 5%, aligning …
This case involves a dispute between the Principal Commissioner of Income Tax and Shailja Pasricha over the application of Section 50C of the Income Tax Act. The tax department tried to add Rs. 9.6 crores to Ms. Pasricha’s income, claiming she should have received more money from a land sale based on circle rates. However, both the CIT(A) and ITAT found that the total sale consideration of Rs. 35 crores was actually above the circle rate, and the b…
This case involves a tax dispute where the Income Tax Department tried to add Rs. 4 crores to Ganesh Plantation Ltd.'s income based on documents seized from a completely different company (Venus Group). The tax authorities claimed this was “unexplained cash credit” under Section 68 of the Income Tax Act. However, both the appellate authorities and the High Court rejected this addition, finding that the tax department failed to establish any credibl…
This case involves the Principal Commissioner of Income Tax challenging a decision by the Income Tax Appellate Tribunal (ITAT). The tax department wanted to pursue an appeal against Denisha Rajendra Keshwani regarding alleged bogus Long Term Capital Gains (LTCG) from penny stocks, but the ITAT dismissed their appeal due to low tax effect (below the monetary threshold). The department argued that a later CBDT circular should allow them to proceed re…
This case involves a charitable society called Sree Narayana Dharma Sabha Sreyas that got into trouble with the Income Tax Department. The charity filed returns showing zero income for two years (2015-16 and 2016-17), claiming all their income went to charitable purposes. However, the tax department reopened their assessments and gave them extremely short notice periods (just 48 hours) to respond to show cause notices. When the charity couldn’t res…
This case involved Win Laboratories Ltd. challenging a tax tribunal’s decision that required them to set off losses from one division against profits from another before claiming tax deductions. The High Court sided with the company, ruling that Section 80AB of the Income Tax Act cannot be used to curtail the width of deduction provisions like Sections 80I and 80HH, following Supreme Court precedent.
Income Tax,Jun. 26, 2022
In a significant ruling, the Gauhati High Court addressed the cancellation of GST registrations for multiple petitioners, emphasizing the need for proper notice and opportunity to be heard before such actions are taken. The court quashed the cancellations and mandated the filing of overdue returns.
Garg Agency challenged the validity of certain GST notifications and related orders, arguing they were issued without proper procedure. The Delhi High Court, noting that the Supreme Court is already considering the same issue, set aside the ex-parte order against Garg Agency and allowed them another chance to present their case, while keeping the question of the notifications’ validity open until the Supreme Court decides.
This case involves several traders accused of fraudulently availing Input Tax Credit (ITC) under the Central Goods and Services Tax Act, 2017 (CGST Act) by generating fake invoices without actual supply of goods. The petitioners challenged the tax authority’s order in the High Court, claiming violations of natural justice. The Court, however, found no such violation and directed the petitioners to pursue their statutory appeal instead of seeking re…
This case involves M/s JVG Technology Private Limited, an exporter of mobile phones, who sought a GST refund that was initially denied by the tax department but later allowed by the Appellate Authority. Despite this, the department withheld the refund, citing possible revenue loss. The Delhi High Court ruled that unless the department actually files an appeal against the Appellate Authority’s order, it cannot withhold the refund. The court ordered …
Goods & Services Tax,Jun. 11, 2025
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