Judgements and Orders, Supreme Court and High courts of India
Mere change of opinion cannot be a ground for the re-opening of assessment
Bimal Jain 21 February 2023 at 10:36
The Hon'ble Bombay High Court in Konark Life Spaces v. Assistant Commissioner of Income -Tax and Ors. [Writ Petition No. 2840 of 2022 dated February 10, 2023] has set aside the notice issued under Section 148 of the Income Tax Act, 1961 ("the IT Act"
No tax on share premium when issued to Venture Capital Fund
Bimal Jain 21 February 2023 at 09:59
The ITAT, Delhi, in ACIT v. Drishti Soft Solutions Pvt. Ltd. [ITA No. 8523/Del/2019 dated February 10, 2023] upheld the order passed by the Commissioner of Income Tax (Appeals) ("CIT(A)") and dismissed the appeal filed by the Revenue Department and h
The Hon'ble Madras High Court in Tvl. ITNL-KMB (J.V.) v. The Deputy Commissioner of (ST), [W.P. Nos.2850 and 2852 of 2023 and W.M.P. Nos.2968 and 2973 of 2023 dated February 3, 2023] quashed the assessment order and the consequential recovery notice
No TDS liability on income received on non-technical services outsourced to foreign company
Bimal Jain 21 February 2023 at 09:59
The Hon'ble Karnataka High Court in The Director of Income-Tax v. IBM India Private Limited [I.T.A NO. 218 of 2014 dated January 16, 2023] has held that, the pay roll related services by assessee outsourced to its foreign companywould be treated as b
Cancellation of registration without providing the reason in the SCN/Order is cryptic in nature
Bimal Jain 17 February 2023 at 17:00
The Hon'ble Gujarat High Court in Neha Enterprise v. State of Gujarat [R/Special Civil Application No. 20505 of 2022 dated January 19, 2023] has quashed and set aside the Show Cause Notice ("SCN") and the consequential order passed by the Revenue Dep
Assessment proceedings suffer from major procedural flaws due to the lack of a proper SCN
Bimal Jain 17 February 2023 at 17:00
The Hon'ble Jharkhand High Court in M/s. Solex Energy Limited v. the State of Jharkhand and Ors. [W.P (T) No. 404 of 2022 dated January 31, 2023] has set aside the summary of order issued in Form GST DRC-07 to the assessee by the Revenue Department o
The Hon'ble Delhi High Court in Marg Erp Ltd v. Commissioner of Delhi Goods and Service Tax & Anr. [W.P.(C) 872/2023 dated February 3, 2023] has set aside the demand order passed by the Revenue Department on the ground that such order was unsigned.He
Assessee allowed to file an appeal after the delay of a negligible period
Bimal Jain 17 February 2023 at 16:03
The Hon'ble Calcutta High Court in the matter of Sikha Debnath v. The Assistant Commissioner of State Tax and Ors. [WPA 304 of 2023 dated February 10, 2023]condoned the delay of period of limitation to file appeal before the Appellate Authority by th
Notice issued to non-existent company after its amalgamation is not valid under Income Tax
Bimal Jain 17 February 2023 at 16:03
The Hon'ble Bombay High Court in CLSA India Private Limited v. the Deputy Commissioner of Income-Tax [Writ Petition No. 2462 of 2022 dated February 10, 2023] has set aside the notice under Section 148 of the Income Tax Act, 1961 ("the IT Act"), the o
Writ petition filed before the passing of the final order is premature and not maintainable
Bimal Jain 17 February 2023 at 16:03
The Hon'ble Madras High Court in the matter of Geethanjali v. the Assistant Commissioner of CGST & CE [W.P. No.35024 of 2022 and W.M.P. Nos. 34458 and 34461 of 2022 dated February 7, 2023] has held that the petition filed by the assessee challenging
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