Statutory Remedy – Municipal Taxation - Challenge to Assessment Order – Availability of Statutory Appeal – Petitioner challenges assessment and demand orders related to the levy of Local Body Tax (LBT) – Court emphasizes the legislative scheme of the Maharashtra Municipal Corporations (MMC) Act and the availability of a statutory remedy through appeal under Section 406 of t...
Revisional Application Under Article 227 – Kolkata Municipal Corporation Act, 1980 and Calcutta Municipal Corporation (Taxation) Rules, 1987 – Challenge to Assessment of Property Tax – exercising its jurisdiction under Article 227 of the Constitution of India, adjudicated upon the revisional application challenging the order of the Municipal Assessment Tribunal regarding the annu...
Input Tax Credit & Special Rebate under KVAT Act – Assessment Years 2009-10 to 2012-13 – Petitioners, rubber dealers, entitled to input tax credit and special rebate under Sections 11 and 12 of KVAT Act for tax paid on local rubber purchases. [Para 2]
Exemption Notifications and Inter-State Sales – Notification under Section 8(5) of CST Act exempting natural rubber from CS...
Seizure of Currency – Release of Amount – Petitioner seeks release of Indian currency amounting to ₹15,92,000 seized during a search conducted by the respondent under Section 67 of the CGST Act. The petitioner contends that the seizure was not empowered by the said section. [Para 1, 2, 8]
Arrest and Investigation – Petitioner, along with Asif Khan and Arjun Sharma,...
Foreign Exchange Regulation Act, 1973 (FERA) – Sections 9(1)(b) and 9(1)(d) – Violation of – Seizure of cash from petitioner’s cloth store – Show Cause Notices issued alleging contravention of FERA provisions – First Show Cause Notice set aside in appeal – Second Show Cause Notice issued after the first one was set aside – No substantial evidence to ...
Income Tax Act, 1961 – Section 148 — Notice — Amalgamation of Companies — Legal principle — Approved scheme of amalgamation results in cessation of existence of amalgamating entity — Notices issued post amalgamation in the name of amalgamating company lack jurisdiction.
Maruti Suzuki India Ltd., Adani Wilmar Ltd., Inox Wind Energy Ltd. — Estab...
Income Tax Appeal – Assessment under Section 153A – Validity of initiating proceedings under Section 153A – Appellant challenges the order of the Income Tax Appellate Tribunal – Questions raised regarding the scope of assessment under Section 153A and applicability of CIT Vs Kabul Chawla and Dr. A.V. Sreekumar judgments – Appellant did not press question No. 2.1 &ndas...
Income Tax – Reassessment Notices – Applicability of Limitation Period – Assessment Years 2016-17 and 2017-18 – Notices issued under Section 148 of the Income Tax Act, 1961, post-enactment of Finance Act, 2021, treated as issued under Section 148A(b) – Validity of reassessment actions including orders under Section 148A(d) and consequent notices under Section 148 &nda...
Income Tax – Reassessment proceedings under Section 148 – Challenge against issuance of notice for reassessment – Impugned notice based on ‘reason to believe’ that income had escaped assessment – Writ petition filed against proceedings. [Paras 1-6]
Income Tax Return – Filing and processing of return – Return for Assessment Year 2011-12 p...
Income Tax Appeal - Exemption for charitable activities - Appellant's challenge to reliance on High Court judgment - Issue of applicability of judgment in a similar case - Whether activities of the respondent qualify for tax exemption - Court's consideration of the nature of activities conducted by statutory corporations - Emphasis on excluding activities serving public purposes from busin...