Category: High Courts
Order of seizure of goods in transit passed u/s 129(1) of U.P. Goods and Service Tax Act, 2017 not appealable and therefore, a writ petition is maintainable against it subject to the limitations of judicial review – Allahabad High Court ABCAUS Case Law Citation: ABCAUS 2194 (2018) (02) …
Non-compete fee is capital receipt. Section 28(va) not apply to compensation received in relation to a profession before amendment-High Court uphelds ITAT order Prelude: Section 28 of the Income Tax Act, 1961 (the Act) list outs the types of income which are chargeable to income tax under the …
Ungarbled and garbled pepper not two different commercial products. The process of garbling to make pepper edible does not give rise to a different distinct commodity so as to be entitled for deduction u/s 10B ABCAUS Case Law Citation: ABCAUS 2190 (2018) (02) HC The Issue: The issue …
Powers u/s 154 available for rectifying interest u/s 220 or 244 for miscalculation of interest which is, at best arithmetical error needing no elaborate or long drawn adjudication-High Court ABCAUS Case Law Citation: ABCAUS 2187 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Hindustan Lever …
Creditors not barred by limitation if liability acknowledged in accounts, creditors can rely on the said acknowledgment-High Court ABCAUS Case Law Citation: ABCAUS 2185 (2018) (01) HC Brief Facts of the Case: The assessee, during the course of the assessment proceedings had furnished details of the creditors. …
The High Court explains the law on levy of interest u/s 234B(3) when reassessment is done determing escaped income after issue of refund. Prelude: Section 234B(3) of the Income Tax Act, 1961 (the Act) provides for levy of interest where a reassessment or re-computation under Section 147 or …
Exempted income can not be taxed even if no revised return filed. AO in proceedings u/s 143 can not refuse to grant relief on such technical plea – High Court ABCAUS Case Law Citation: ABCAUS 2183 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Goetze …
Business expediency not a question of law, much less a substantial question of law-High Court. If expected fruits are not reaped from a business proposition, it is no basis to challenge the business expediency. ABCAUS Case Law Citation: ABCAUS 2182 (2018) (01) HC The Challenge/Grievance: The instant appeal …
While considering the question of perversity of a finding of fact, the test applicable are strict-High Court ABCAUS Case Law Citation: ABCAUS 2181 (2018) (01) HC The appellant Revenue had filed the instant appeal challenging that findings recorded by the Income Tax Appellate Tribunal (ITAT) were perverse and …
High Court directs reopening of GST Portal for filing TRAN-1 of the Petitioner as the Portal did not respond on the last date resulting loss of ITC to the trader. The non response by the GST Common Portal on the last date for filing various online Forms due …
