Category: High Courts

Section 144B(6)(viii) cannot be read to mean that opportunity of personal hearing may be granted only where the assessee specifically requests for the same In a recent judgment, the Hon’ble Allahabad High Court has again reiterated that provisions of section 144B(6)(viii) cannot be read to mean that opportunity …

Assessment order was set aside for not providing second opportunity of video conferencing In a recent judgment, the Hon’ble High Court of Kerala has set aside Assessment order was  for not providing a second opportunity of video conferencing. ABCAUS Case Law Citation:ABCAUS 4010 (2024) (05) HC The Petitioner …

High Court quashed re-assessment order u/s 147 and order passed u/s 148A(d) for treating the whole turnover of trading in future and options as income In a recent judgment, the Hon’ble Bombay High Court has quashed re-assessment order passed u/s 147 order passed u/s 148A(d) and show cause …

No penalty u/s 129(3) of UPGST Act for Non filling up vehicle number in Part ‘B’ of e-Way Bill without intention to evade tax. In a recent judgment, Hon’ble Allahabad High Court has held that no penalty can be levied u/s 129(3) of UPGST Act for on filling …

High Court directed refund of self assessment tax paid due to insolvency commencement and operation of moratorium under IBC In a recent judgment, the Hon’ble Orissa High Court has directed Income Tax Department to refund the amount of self assessment tax paid due to commencement of insolvency and …

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 …