Category: High Courts

When e-way bill generated prior to detention order, there could not be an intention to evade payment of tax. In a recent judgment, Hon’ble Allahabad High Court has quashed penalty order under section 129(3) of the GST Act as the e-way bill was generated much prior to the …

Chartered Accountant accused of forgery and misappropriation of fund by advising investment in a particular firm gets bail  In a recent judgment, Hon’ble Allahabad High Court granted bail to a Varanasi based Chartered Accountant who was accused of forgery and misappropriation of fund by advising investment in a …

Ongoing investigation qua absconding person, cannot be a ground to deny bail to person against whom the investigations have been completed and the Complaint filed in the Court. In a recent judgment, Delhi High Court has granted bail to the accused of GST evasion holding that ongoing investigation …

Accommodation entry operators also routinely obtain PAN, file ITRs, and maintain bank accounts, to give a facade of legitimacy to sham transactions. In a recent judgment, Chhattisgarh High Court confirmed addition u/s 68 holding that accommodation entry operators also routinely obtain PAN, file ITRs, and maintain bank accounts, …

No penalty u/s 129(3) of GST Act for non-filling of Part -B of the e-way bill due to technical glitch when there was no intention to evade payment of tax In a recent judgment, Allahabad High Court has held that penalty under section 129(3) of the GST Act …

Reopening quashed as Form No. 10 have limited space to fill reasons of accumulation of income u/s 11(2) and resolution was provided. In a recent judgment, Bombay High Court has quashed reopening order holding that the contents of Form No. 10 have limited space to fill reasons of …

When tax was paid by supplier in the form GSTR-01 & GSTR-3B, no adverse inference can be drawn against the purchaser on the premise that the registration of the seller dealer was cancelled subsequently. In a recent judgment, Allahabad High Court has quashed order passed under section 74 …

Income Tax notice by process server held invalid for no acknowledgement or endorsement on the original notice as required under Code of Civil Procedure In a recent judgment, Hon’ble High Court has laid down the essential requirement of service of income tax notice by a process server. The …

Exemption from income tax provided by RFCTLARR Act is also applicable to the compensation for land acquired under the National Highways Act 1956 In a recent judgment, Hon’ble High Court has held that RFCTLARR Act providing for exemption from income tax, stamp duty and fees would also be …

Onus to prove bad financial condition is on assessee in prosecution u/s 276B for delay in deposit of TDS  In a recent judgment, the Delhi High Court has held that onus to prove bad financial condition is on the assessee in prosecution proceedings under section 276B for delay …