Category: High Courts
Arrest for non payment of service tax without show cause notice quashed. Powers exercised u/s 91 without SCN u/s 73A of the Finance Act 1994 was contrary to the law and in violation of constitutional and fundamental rights under Article 21 of the Constitution-Delhi High Court ABCAUS Case Law: 1006 …
CA not guilty of misconduct when acting in individual capacity and the dealings were purely commercial not discharging any function as Chartered Accountant – High Court ABCAUS Case Law Citation: ABCAUS 994 2016 (08) HC Brief Facts of the Case: The complainant ahd purchased 100 shares of Aban Lyod …
Service tax on short term hotel accommodation less than 3 months u/s 65 (105)(zzzzw) is unconstitutional – Delhi High Court ABCAUS Case Law Citation: 987 2016 (08) HC Date/Month of Judgment/Order: August 2016 Important Case Laws relied upon: K. Damodarasamy Naidu v. State of Tamil Nadu (2000) 1 …
Company name struck off by ROC us 560 restored by Delhi High Court for want of notice u/s 560(1)(2) and non opportunity of being heard u/s 560(5) observing that the object of section 560(6) of the Companies Act was to give a chance to the company. ABCAUS Case Law …
Appointments of advocates on Income Tax panel not equitable and without consideration of the issue of law involved visavis the experience of the Advocate – Bombay High Court Case Law : ITA No. 2287/2013 The Commissioner of Income Tax (Appellant) vs. M/s. TCL India Holdings Pvt.Ltd (Respondent) Date of Judgment: 12th July 2016 …
CA providing fake accommodation entries banned/removed from practice for life by PH High Court on reference by ICAI holding him guilty of misconduct. Case Law Details: Civil Reference No. 5 of 2012 (O&M) Institute of Chartered Accountants of India (Petitioner) v. Vivek Kapoor and others (Respondents) Date of …
Service tax Department can not audit under rule 5A(2)-Delhi High Court quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to Finance Act. Case Law Details: W.P.(C) 5192/2015 & CM No. 9417/2015 Mega Cabs Pvt. Ltd (Petitioner) vs. UOI and Ors (Respondents) Date of Judgment: 03/06/2016 …
Installation services integral to contract not FTS under DTAA. This was held by Delhi High Court in a recent judgment as under: Case Law: W.P (C) No. 7416/2012 Technip Singapore PTE Ltd…. Petitioner vs. Director of Income Tax & ANR …. Respondent Date of Judgment: 02/06/2016 Coram: Justice …
Striking off name of company us 560-ROC order set aside Delhi High Court restored the name of the company by setting aside the order of ROC striking off the name of the company u/s 560 of the Companies Act, 1956 holding that the object of section 560(6) of the …
Section 292BB can not cure time barred notice us 143(2) issued after prescribed time limit. There is distinction between issue and service of notice-Allahabad High Court Case Law Details: Income Tax Appeal: No. 58 of 2016 Appellant :- Commissioner Of Income Tax (Exemption), Lucknow Respondent :- M/S Sushila Umrao …