This weekly round-up analytically summarizes the key stories related to the Supreme Court and High Court reported at Taxscan.in during the previous week from May 1st to the 7th, 2022.
The Delhi High Court has held that the writ remedy under article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 1961 provides complete machinery for assessment/reassessment.
While upholding the order of the VAT Tribunal, the Kerala High Court has held that the dealer is eligible for the input tax credit during the transition period since the cancellation of registration has not been published in the newspaper and no notice in Form No.5 B was served on the dealer as per the Kerala Value Added Tax Act.
As many couldn’t avail Benefit of Service Tax Amnesty Scheme due to Covid-19: Delhi HC asks Govt to consider Extension of Scheme
A division bench of the Delhi High Court has directed the National Faceless Assessment Center to conduct the assessment proceedings afresh since the assessee could not file an objection to the income tax notice due to technical glitches in the e-filing portal.
The Madras High Court held that new proposals during remand proceedings inter-connected with the first notice cannot be quashed.
The Madras High Court has dismissed a plea seeking to quash the notice for the attachment and sale of immovable property by observing that the assessee is trying to drag the GST proceedings.
The Delhi High Court has refused to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction under Article 226 of the Constitution of India cannot be entertained if there is an “alternative efficacious remedy”.
Supreme Court upholds over 90,000 re-assessment notices deeming them as S.148a notices.
The Supreme Court has reiterated that the moratorium provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016 would apply only to the corporate debtor The natural persons mentioned in Section 141 of the Negotiable Instruments Act would continue to be statutorily liable under the provisions of the Act.
The Calcutta High Court has quashed a re-assessment order on the ground of non-compliance of section 148A notice as per the Income Tax Act, 1961 and directed the petitioner to pay a cost of Rs. 5000 to the Calcutta High Court Legal Services Committee.
While overruling a decision in writ petition filed by Unisource Hydro Carbon Services Private Limited & Anr, against the single judge bench decision held that the revisional order passed in violation of the principles of natural justice shall be invalid.
The Supreme Court has observed that the benefit of the grace marks policy introduced by Central Board of Direct Taxes (CBDT) for Departmental Examination for Income Tax Inspectors is not to allow the reserved category candidate to switch over to general category.
The Gujarat High Court last granted bail to an accused for allegedly involved in the offence of evading input tax credit under the GST regime.
A division bench of the Gujarat High Court has read down paragraph 2 of Notification No. 11/2017 mandating 1/3rd deduction of Land as ultra virus.
The Gujarat High Court held that the interest awarded by the Motor Accident Claim Tribunal (MACT) under section 171 of the Motor Vehicles Act 1988 is not taxable under the Income Tax Act, 1961.
The Calcutta High Court has held that the re-assessment proceedings without issuing a notice under section 148 of the Income Tax Act, 1961 is invalid.
While disposing 122 writ petitions, the Bombay High Court has allowed the taxpayers to correct TRAN-1 & TRAN-2 either manually or online.
The Calcutta High Court, relying on the decisions of various High Courts and Supreme Court held that the input tax credit shall be allowed in case of genuine transactions made before the cancellation of GST registration.
The Calcutta High Court has quashed an assessment order since the assessee failed to file reply to the draft assessment order under section 144B of the Income Tax Act, 1961 due to technical glitches on the income tax portal.
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