Category: High Courts

E-Way Bill not present in vehicle only a technical violation when E-Way Bill was downloaded prior to the interception of vehicle and goods in vehicle matched with invoice & E-Way Bill In a recent judgment, the Hon’ble Allahabad High Court has quashed the penalty order passed under Section …

Residence address of assessee mentioned in PAN registration details is vital and decisive to determine territorial jurisdiction of High Court In a recent judgment, the Hon’ble Allahabad High Court has held that in faceless assessment, to decide territorial jurisdiction of a High Court, residence address of assessee mentioned …

Petitioner signifying ‘No’ in prescribed column to mark his choice to avail personal hearing, have no legal consequence. Opportunity of personal hearing mandatory u/s 75(4) of UPGST Act- – Allahabad High Court In a recent judgment, Hon’ble Allahabad High Court has reiterated the principle of law that a …

Order passed u/s 74 of UPGST Act quashed as opportunity of hearing not granted In a recent judgment and order the Hon’ble Allahabad High Court has quashed order passed u/s 74 of UPGST Act as opportunity of hearing not granted to the assessee. ABCAUS Case Law Citation:ABCAUS 4002 …

Unless request made, personal / oral hearing not mandatory and faceless assessment would be concluded without an oral hearing – Patna High Court Unless request is made, the In a recent judgment, the Hon’ble Patna High Court has held that there is a specific option provided for personal …

Denial of Capital gain deduction u/s 54B for agricultural land purchased in the name of wife Supreme Court stays High Court order The Chhatisgarh High Court had denied the benefit of exemption under Section 54B of the Income Tax Act, 1961 where the land was purchased in the …

CIT(A) was justified in considering surrounding circumstances, the normal human conduct of a prudent investor, the probabilities to judge creditworthiness of investors – High Court In a recent judgment, Hon’ble Calcutta High Court has held that surrounding circumstances, the normal human conduct of a prudent investor, the probabilities …

High Court frowns at Provisional attachment orders passed u/s 83(1) GST lifted only their illegality being questioned In a recent judgment, the Hon’ble Allahabad High Court has expressed displeasure over not lifting of Provisional attachment orders passed under section 83(1) of CGST Act and lifted only their illegality …

In Faceless assessment grant of opportunity of personal hearing is not optional at discretion of the Assessing Officer its waiver is an exception to be exercised by the assessee – Allahabad High Court In a recent judgment, Hon’ble Allahabad High Court has held that in Faceless assessment grant …

High Court quashed reopening of assessment on the incorrect presumption that no return of income had been filed Re-assessment order u/s 147 quashed as reopening done on wrong assumption of non filing of return of income. In a recent judgment, Hon’ble Bombay High Court has quashed re-assessment order …