Category: High Courts

There is no provision in Income Tax Act for discounting the time spent during the pendency of proceedings against the deceased assessee while computing the limitation period for initiating the proceedings against his Legal Representatives. In a recent judgment, the Hon’ble Karnataka High Court has held that there …

HC condoned delay in uploading audit report Form 10B by 1 hour, 19 minutes and 16 seconds due to technical glitch In a recent judgment, the Orrisa High Court condoned the delay in uploading audit report in Form 10B by 1 hour, 19 minutes and 16 seconds due …

Reassessment order travelling beyond Show Cause Notice quashed by High Court as assessee was not put on notice of the intended provision In a recent judgment, the Hon’ble Madras High Court has quashed reassessment order passed u/s 147 of the Income Tax Act, 1961 (the Act) holding that …

Proceedings under Section 148A of the Income Tax Act, 1961 necessarily required to be completed within the period available for issuing notice under Section 148 In a recent judgment, Hon’ble Delhi High Court has held that proceedings under Section 148A of the Income Tax Act, 1961 necessarily required …

Revision application u/s 108 of UPGST Act 2017 can not be declined on the ground that remedy of appeal is available In a recent judgment, Allahabad High Court has held that sub section (2) of section 108 of CGST Act 2017 does not imply that first of all …

Order passed under Section 148A(d) quashed as it incorrectly mentioned that no reply was filed by the assessee. In a recent judgment, Rajasthan High Court quashed  order passed under Section 148A(d) as it incorrectly mentioned that no reply was filed by the assessee whereas reply was duly uploaded …

High Court penalised Assessing Officer to pay cost of Rs. 50000/- to assessee for unnecessary harassment during the course of re-assesment proceedings u/s 148A(d) In a recent judgment, a division bench of the Hon’ble Jharkhand High Court directed AO to pay cost of Rs. 50000/- for unnecessary harassment …

CENVAT Credit can not be denied on the ground that input was not liable to excise duty when the supplier wrongly paid the duty In a recent judgment, Bombay High Court has held that CENVAT Credit can not be denied on the ground that such input was not …

Cancellation of GST registration quashed as notice was sent on the ground of non filing of return but cancellation was done on a different ground In a recent judgment, Allahabad High Court has quashed the order cancelling GST registration when show cause notice was given for cancellation of …

No bar in law in issuing two GST show cause notices for the same period with a different/distinct subject matter – High Court In a recent judgment, Allahabad High Court has held that there is no bar in law in issuing two show cause notices by GST Authorities …