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Court orders release of life-saving drug consignment seized by tax authorities …
The petitioner sought a mandamus directing the respondents (tax authorities) to release a consignment of a life-saving drug, Polystardone XL-10, which was seized by the Commercial Taxes Department's Roving Squad on 13.08.2022. The court found that t…
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Expired E-Way Bill Leads to Vehicle Seizure — But Court Quashes Orders Over Pro…
A company called M/s. AMI Enterprises Pvt. Ltd. whose vehicle was intercepted by GST authorities because its E-Way bill had expired. The authorities detained the vehicle, issued notices, and passed an adjudication order — all on the same day, withou…
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GST dept couldn’t place material supporting their view that appellant may tampe…
The Allahabad High Court granted bail to Subodh Kumar Garg, a proprietor accused of availing wrongful input tax credit (ITC) worth Rs. 8.76 crores under the Central Goods and Services Tax (CGST) Act, 2017. The court found merit in Garg's arguments a…
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Court grants bail to accused in GST fraud case involving Rs 9.6 crore input tax…
The case involves two accused, Vakil Chand and Sunil Kumar, who were arrested in December 2020 for allegedly evading GST and fraudulently availing input tax credit (ITC) worth Rs. 9.6 crores. The court granted them regular bail after considering tha…
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You may attach FD or savings under GST section 83 but attaching cash credit... …
The court case revolved around the central legal question of whether the provisional attachment of the Petitioner’s bank account by the Respondent under section 83 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017) was justified to pro…
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Court quashes onerous bail condition of Rs. 2 crore payment in GST evasion case…
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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GST Superintendent Denied Anticipatory Bail: Accused of Conspiring GST Evasion …
A tax officer, Gurvinder Singh Sohal, was denied anticipatory bail by the Punjab and Haryana High Court in a case involving criminal conspiracy (Section 120-B of the Indian Penal Code) and bribery (Section 7 of the Prevention of Corruption Act, 1988…
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Directors Denied Bail in ₹11.8 Crore GST Evasion Case
Two directors of M/s. Transworld Educare Private Limited (TEPL) who sought anticipatory bail (pre-arrest bail) in a GST evasion investigation. The company allegedly evaded GST worth ₹11.80 crores by providing taxable consultation services without ra…
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Anticipatory Bail Granted Due to Weak Evidence in Assault Case
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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GST authorities can seize cash as “things” under CGST Act during investigations
This is a case where Smt. Kanishka Matta, the wife of a business owner, challenged the seizure of Rs. 66,43,130 (approximately 66 lakhs) in cash by GST authorities. Her husband, Shri Sanjay Matta, was running a confectionery and pan masala business.…
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Assessee is to deposit principal profiteered amount after deducting GST imposed…
Writ Petition — Compliance — Deposit — Assessee had filed writ petition against order dated 23rd June, 2022 passed by revenue No.2 in order No. 26/2022 and notice dated 1st June, 2022 — Whether, impugned order and notice is maintainable — Held, Asse…
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Section - 10 (of Income Tax Act, 1961), Incomes not included in total income
Incomes not included in total income.
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The fact that the Revenue has not obtained any information per se cannot be a g…
Income Tax,Mar. 10, 2023Held 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 the Revenue that Section 195(2) could not have been invoked. If it were the stand that the application was not maintainable, the DCIT ought to have recorded such finding while rejecting the applicatio…
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Jitender Kumar, Adv. for the Petitioner. Sanjay Kumar, Easha Kadian, Adv. for t…
Income Tax,Dec. 12, 2022Jitender Kumar, Adv. for the Petitioner. Sanjay Kumar, Easha Kadian, Adv. for the Respondent.
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Search and seizure—Assessment in case of search— It is case of appellant that a…
Income Tax,Dec. 12, 2022Held 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, it will also impact the revenue determination for the assessee and its profits. In any case, the dispute involved is factual in nature and no substantial question of law arises for consideration in the …
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Yuvraj Singh with Chetan Kumar Shukla, Advocates for the Petitioner. Zoheb Hoss…
Income Tax,Jul. 02, 2022Yuvraj Singh with Chetan Kumar Shukla, Advocates for the Petitioner. Zoheb Hossain for the Revenue.
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Addition u/s 153C is not sustainable where on perusal of the seized document it…
Income Tax,Jun. 28, 2022Held 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 that on the bare perusal of the seized document it cannot be inferred or concluded that seized document belongs to or has any nexus with the assessee. ITAT has given cogent reasons for arriving at its dec…
Section 240 of the Act embodies the salutary principle of right of the assessee…
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 application has not been decided till date despite various reminders. Consequently, Assessee has the cause of action to maintain the present writ petition. (para 10) Section 240 embodies the salutary princi…
Income Tax,Jun. 27, 2022-
Kavita Jha, Advocate for the Petitioner. Shailendra Singh, Advocate for the Res…
Income Tax,Jun. 27, 2022Kavita Jha, Advocate for the Petitioner. Shailendra Singh, Advocate for the Respondent.
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When provisions of Act are more beneficial to assesse, the Act will prevail ove…
Income Tax,Apr. 06, 2021Held 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 the consideration paid by the Licensee as royalty, it is to be established that the licensee, by making such payment, obtains all or any of the copyright rights of such literary work. Distinction has to be…
Madras High Court Allows Accused to Skip Most Hearings in Cheating Case
Income Tax,May. 16, 2025This 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 declined to quash the case but allowed the petitioner to skip personal appearances at most trial hearings, provided certain conditions are met. The petitioner can raise all his defenses during the trial.
Court Orders Release of Seized Goods, Rejects Invalid Seizure Ground
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 one of the grounds for seizure invalid and unacceptable for imposing a penalty.
Goods & Services Tax,Jan. 30, 2021-
Income Tax , Jun. 10. 2021Court rules that withholding tax on dividends for Dutch companies in India shou…
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Income Tax , Jun. 26. 2022Court quashes tax assessments for giving charity only 48 hours to respond
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Income Tax , Jun. 26. 2022High Court upholds taxpayer’s win: Section 50C wrongly applied when total sale …
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Income Tax , Jun. 26. 2022Court rejects tax addition based on third-party documents without proper eviden…
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Income Tax , Jun. 26. 2022Tax dept loses appeal on penny stock scam due to retrospective circular interpr…
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