Category: High Courts

Reopening order u/s 148A(d) quashed as correct amount of cash deposit in bank was less than Rs. 50 lakhs In a recent judgment, the Hon’ble High Court of Punjab and Haryana has quashed the re-assessment order u/s 148A(d) issued after three years as correct amount of cash deposit …

High Court stays re-assessment proceedings as order u/s 148A(d) was passed ignoring objection of assessee. High Court stays re-assessment proceedings notice u/s 148 and order u/s 148A(d) was passed by the AO ignoring the objections raised by the assessee. In a recent judgment, the Hon’ble Allahabad High Court …

High Court grants bail as order of arrest only stated assessee as master mind of the fake GST ITC racket and required to be arrested immediately. Arrest was not made for non cooperation and no remand was sought In a recent judgment, High Court has granted bail to …

Section 132B of Income Tax Act 1961 does not stipulate that if no order is passed within 120 days, seized assets must be released – High Court In a recent judgment, the Hon’ble Allahabad High Court has held that Section 132B of Income Tax Act 1961 does not …

Men-rea on the part of the assessee is an essential pre-requisite condition for imposition of penalty under Section 54(1)(2) of the U.P. VAT Act, 2008 – Allahabad High court In a recent judgment, the Hon’ble Allahabad High Court has held that men-rea on the part of the assessee …

Notices u/s 133(6) not enough for verification of loan transactions from shell companies. AO ought to have done further inquiry to ascertain genuineness & creditworthiness – High Court Notice under Section 133(6) of the Act is not enough to verify identity, genuineness and creditworthiness of transactions from shell …

Typographical error in the e-way bill is a minor error therefore imposition of penalty under Section 129 of the GST Act is without jurisdiction and illegal– Allahabad High Court In a recent judgment, the Hon’ble Allahabad High Court has quashed and set aside set aside a penalty order …

Penalty proceedings can not be launched u/s 129(3) of GST Act subsequent to search and seizure carried out under Section 67 of the Act – Allahabad High Court In a recent judgment, the Hon’ble Hon’ble High Court has set aside a penalty order passed u/s 129(3) of GST …

Consent for transfer of jurisdiction u/s 127 of the assessee must be given by the appropriate authority not by a authority subordinate to him – High Court In a recent judgment, the Hon’ble Allahabad High Court consent for transfer of jurisdiction u/s 127 of the assessee must be …

Digital Evidence Investigation Manual of CBDT is mandatory to be followed by ITD while conducting search and seizure and it is not optional – High Court In a recent judgment, the Hon’ble High Court has held that it is mandatory for the ITD to follow the Digital Evidence …